Are adaptive or wheelchair-van vehicle modifications recoverable in my Georgia claim?
Vehicle modifications and adaptive equipment that a disabling injury makes necessary can be recovered in a Georgia claim. Reliable transportation is part of independent living, and when an injury means a person can no longer drive or ride in an ordinary vehicle, the reasonable cost of adapting transportation is treated as part of the loss the negligence caused.
What kinds of vehicle costs qualify ¶
Georgia permits recovery of the reasonable expenses an injury makes necessary, and that can extend to the equipment and conversions a disabled person needs to travel safely. Depending on the injury, the claim may include:
- A wheelchair-accessible van with a ramp or lift.
- Hand controls or other adaptive driving equipment.
- Wheelchair tie-downs, transfer seats, and lowered floors.
- The added cost of an accessible vehicle over a standard one.
The claim usually focuses on the difference in cost between an ordinary vehicle and an adapted one, rather than the full price of a new vehicle, since some transportation expense would exist regardless of the injury.
Establishing necessity and value ¶
As with other future care, the modifications must be shown to be reasonably necessary because of the injury, and the cost must be supported. A life-care plan often documents the transportation needs based on the treating providers’ assessment of the person’s mobility, and vendors or cost specialists supply pricing. Those vendor and planning opinions have to clear O.C.G.A. § 24-7-702, the reliability test Georgia courts administer under the Daubert approach.
Adaptive vehicles and equipment also wear out and need periodic replacement over a lifetime. When the claim covers those recurring replacement costs, O.C.G.A. § 51-12-13 lets the jury discount them to today’s value, applying a 5 percent or other suitable rate to the future economic figures.
The bottom line ¶
Adaptive driving equipment and wheelchair-van modifications are recoverable in a Georgia claim when the injury makes them reasonably necessary, typically measured by the added cost over a standard vehicle and any future replacement. Supported by medical evidence of need and reliable pricing, these transportation costs help restore the mobility the injury took away.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.