What changed to assessor selection after 2017 reforms in NSW?
Under the 2017 reforms to NSW Compulsory Third Party (CTP) insurance, insurers are now required to select claims assessors based on geographic proximity to the claimant. This change, outlined in the Motor Accident Injuries Act 2017 and supported by SIRA guidelines, ensures injured road users in regional NSW have better access to local assessment services. Previously, insurers could assign assessors based on office locations, which often placed rural claimants at a disadvantage. The reforms now mandate that assessors must be based in the same local government area as the claimant, reducing travel burdens and improving fairness.
How SIRA guidelines address new assessor rules
SIRA’s Motor Accident Claims Guidelines (2023) clarify that insurers must document their assessor selection process to demonstrate compliance with the 2017 reforms. For example, if a claimant in Dubbo requests an assessor based in Sydney, the insurer must justify why this does not meet the geographic proximity requirement. SIRA also emphasizes that assessors must have relevant expertise in regional healthcare practices, particularly for soft-tissue injuries or long-term recovery cases.
Practical impacts on claim assessments in regional NSW
The reforms have led to several practical changes. First, claimants in regional areas are more likely to have their assessments conducted locally, reducing delays caused by interstate travel. Second, insurers must now provide clearer reasoning if they deviate from the geographic rule, which can help claimants challenge decisions. However, some rural claimants report longer wait times for assessments due to limited assessor availability. For instance, a cyclist injured in Tamworth might face delays if the nearest qualified assessor is based in Newcastle.
When to seek legal advice about assessor changes
If an insurer refuses to assign a local assessor or disputes the relevance of geographic proximity, claimants should seek legal advice. SIRA’s guidelines do not cover all scenarios, and insurers may interpret the rules inconsistently. A solicitor can help determine whether an insurer’s assessor selection meets the 2017 reforms’ intent, particularly in cases involving complex injuries or disputes over medical evidence.
Key considerations for regional claimants
- Request a local assessor: If an insurer assigns an assessor outside your local government area, ask for written justification. SIRA’s guidelines require insurers to document their selection process.
- Review assessment timelines: Delays in regional areas may be unavoidable, but insurers must provide clear timelines for completing assessments.
- Challenge unfair decisions: If an assessor’s report is based on incomplete information or ignores regional healthcare factors, you may need to request a review or seek independent medical opinions.
- Check for overlaps with workers’ compensation: If your injury overlaps with a workers’ compensation claim, the assessor must account for this in their evaluation.
Next steps for claimants
If you believe an insurer has misapplied the 2017 assessor rules, contact a solicitor specialising in NSW CTP claims. While SIRA provides a framework, individual cases depend on evidence such as medical records, accident reports, and insurer correspondence. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.