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).
Vehicle modifications can significantly impact treatment and rehabilitation planning for NSW Compulsory Third Party (CTP) claims. This article explains how insurers assess rehabilitation needs when claimants require adapted vehicles, referencing the NSW Motor Accident Injuries Act 2017 and SIRA guidelines.
How Vehicle Modifications Influence CTP Claims
Vehicle modifications such as hand controls, ramps, or adaptive steering systems are essential for claimants with disabilities caused by motor accidents. Under the Motor Accident Injuries Act 2017, insurers must consider these modifications as part of rehabilitation planning. SIRA guidelines state that treatment plans must address both medical recovery and functional needs, including vehicle adaptations.
Insurers evaluate whether modifications are medically necessary and proportionate to the injury. For example, a claimant with a spinal injury requiring a hand control system would need evidence from a medical practitioner confirming the modification’s necessity. SIRA’s What you can claim page outlines that vehicle modifications are a valid claimable item under CTP.
Practical Steps for Claimants with Vehicle Modifications
If you require vehicle modifications after an accident, take these steps:
- Document the modification: Obtain a medical report explaining why the modification is needed.
- Keep records of treatment: Track rehabilitation progress and how modifications support recovery.
- Notify your insurer: Inform the insurer about the modification and its cost.
Insurers may request evidence that the modification aligns with SIRA’s treatment planning standards. For instance, a 2023 case showed that a claimant’s request for a ramp was denied until a specialist confirmed it was essential for mobility.
Time Limits and Dispute Resolution
CTP claims must be made within 52 weeks of the accident if only threshold injuries are involved. However, if vehicle modifications are part of the claim, the 52-week limit may not apply. Insurers must assess modifications as part of long-term rehabilitation needs.
If an insurer disputes a modification, claimants can request a review under the Motor Accident Injuries Act 2017. SIRA’s Making a motor accident claim page explains how to escalate disputes to the NSW Civil and Administrative Tribunal (NCAT).
When to Seek Legal Advice
Vehicle modifications can be complex to assess. A solicitor can help ensure insurers consider all rehabilitation needs, including adapting vehicles to meet functional goals. This is particularly important if the insurer disputes the necessity or cost of the modification.
Example: Rehabilitation Planning with Modifications
Consider a claimant with a traumatic brain injury requiring a vehicle with voice-activated controls. SIRA guidelines require evidence that the modification enables independent mobility and supports daily living. A medical report confirming this link is essential to justify the claim.
Next Steps
CTP claims involving vehicle modifications depend on accurate documentation and adherence to SIRA guidelines. If your circumstances are unique, contact a legal professional to review your case. Every claim depends on its own facts.
To request contact about your circumstances, complete the quick, no obligation enquiry form.