How SIRA Assesses Vehicle Modifications in CTP Claims
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you’ve suffered a disabling injury in a motor vehicle accident in NSW, you may be entitled to claim vehicle modifications as part of your CTP compensation. SIRA (State Insurance Regulatory Authority) oversees these claims, and its rules apply uniformly across NSW, including the Newcastle and Hunter regions. This article explains how SIRA evaluates modifications, what evidence is needed, and when to seek legal advice.
What SIRA Considers for Vehicle Modifications
Under the Motor Accident Injuries Act 2017, SIRA assesses whether a modification is necessary to allow a person to perform everyday activities. For example, hand controls, ramps, or mobility aids may qualify if they enable the injured person to drive safely or manage daily tasks. SIRA’s guidelines state that modifications must be:
- Reasonably necessary to address the injury’s impact
- Approved by a medical practitioner as part of a treatment plan
- Cost-effective and not excessive for the injury’s severity
SIRA does not provide a specific list of approved modifications, so claimants must demonstrate the modification’s necessity through medical evidence. For instance, a person with a spinal injury requiring a wheelchair-accessible vehicle may need to provide a doctor’s report confirming mobility limitations.
Documentation for CTP Claims Involving Modifications
To support a vehicle modification claim, you’ll need to gather:
- Medical records showing the injury’s impact on mobility or daily living
- Quotes or invoices for the modification from licensed installers
- Photos or diagrams of the modification (if applicable)
- A statement from a medical practitioner confirming the modification’s necessity
In the Newcastle and Hunter regions, some claimants have faced delays due to incomplete documentation. SIRA recommends submitting all evidence promptly to avoid delays in processing.
Time Limits and Dispute Resolution
CTP claims must be submitted within five years of the accident date, as per the Motor Accident Injuries Act 2017. If your claim involves a modification, you must include evidence of the modification’s cost and necessity within this timeframe. Delays can result in reduced compensation or claim rejection.
If SIRA disputes your claim, you may request a review by the NSW Civil and Administrative Tribunal (NCAT). Claimants should seek legal advice if disputes arise, as SIRA’s decisions are not binding on NCAT.
Example: A Claim for Hand Controls
Consider a driver who suffered a neck injury in a collision. Their doctor recommends hand controls to safely operate a vehicle. The claimant submits:
- A medical report confirming the injury’s impact on driving
- A quote for installing hand controls
- A statement from the doctor that the modification is essential for mobility
SIRA evaluates whether the modification is reasonably necessary and cost-effective. If approved, the claimant receives compensation for the modification’s cost.
When to Seek Legal Advice
CTP claims involving vehicle modifications can be complex. SIRA’s guidelines are broad, and claimants may struggle to meet the necessary criteria. For example, a claimant might not realize that a modification must be approved by a medical practitioner or that the cost must be reasonable for the injury’s severity.
Legal advice is particularly important if:
- Your injury is classified as a threshold injury (under the Motor Accident Guidelines)
- You’re unsure whether your modification qualifies
- SIRA has rejected your claim
A solicitor can help you navigate SIRA’s requirements and ensure your claim is processed fairly.
Final Steps for Claimants
If you’ve been injured in a motor vehicle accident and need vehicle modifications, start by:
- Seeking medical attention to document your injury’s impact
- Consulting a medical practitioner about necessary modifications
- Contacting SIRA to submit your claim and supporting evidence
- Reviewing your claim if SIRA’s decision is unsatisfactory
CTP claims involving vehicle modifications depend on the specific facts of your case. For tailored advice, complete the quick, no obligation enquiry form to request contact about your circumstances.