Vehicle Modifications and CTP Injury Assessments in NSW
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 been injured in a motor vehicle accident and your car has modifications like hand controls or adaptive aids, your treatment and rehabilitation planning may differ from standard claims. Under NSW law, the Compulsory Third Party (CTP) scheme covers injuries caused by motor vehicle accidents, but vehicle modifications can affect how injuries are assessed and what benefits are available. This article explains how modifications impact CTP claims, what rehabilitation planning involves, and steps to take when your vehicle is modified.
How Vehicle Modifications Affect CTP Claims
Vehicle modifications such as hand controls, ramps, or specialized seating are designed to assist people with disabilities. However, these modifications can influence how injuries are evaluated under the Motor Accident Injuries Act 2017. For example, if your injury affects your ability to use existing modifications, your treatment plan may need to address both the injury and the need to adapt or replace equipment.
SIRA (State Insurance Regulatory Authority) guidelines state that treatment planning must account for the specific needs of modified vehicles. This includes assessing whether the injury impacts the functionality of the modification or requires adjustments to the vehicle's design. For instance, a spinal injury might affect a person's ability to operate hand controls, necessitating a revised rehabilitation plan.
Rehabilitation Planning for Modified Vehicles
Rehabilitation planning under the CTP scheme focuses on restoring your ability to live independently and perform daily activities. When your vehicle has modifications, the plan must address:
- Whether the injury affects your ability to use the modification
- Whether new modifications are needed
- How the injury interacts with the vehicle's existing features
SIRA requires evidence that the rehabilitation plan is tailored to your specific circumstances. This includes medical reports detailing how the injury impacts your use of modifications, and evidence of any necessary vehicle adjustments.
Practical Steps for Claimants with Modified Vehicles
If your vehicle has modifications, take these steps to support your CTP claim:
- Document the type and purpose of all modifications
- Obtain medical evidence linking your injury to the need for or impact on modifications
- Provide records of any vehicle adjustments or repairs related to the injury
- Work with your treating medical practitioner to outline how the injury affects your ability to use the modification
Insurers will assess whether the injury meets the 'threshold injury' criteria under the Motor Accident Injuries Act 2017. This involves determining if the injury results in a 'significant and lasting adverse effect on your ability to carry out normal daily activities'.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident under the Motor Accident Injuries Act 2017 s 4.4. However, if your injury requires ongoing treatment or rehabilitation, you may need to apply for extended benefits or additional support. Disputes over vehicle modifications often require expert medical opinion to determine whether the injury impacts the functionality of the modification.
When to Seek Legal Advice
If your insurer disputes the impact of your vehicle modifications on your injury assessment, or if you're unsure how to document your case, seek legal advice. A solicitor can help ensure your rehabilitation plan is properly documented and that your claim reflects your specific circumstances.
Next Steps
CTP claims involving modified vehicles require careful documentation and a tailored approach. If you're in Bathurst or elsewhere in NSW and need assistance with your claim, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and the available options may depend on the evidence and applicable law.