If a CTP insurer changes your claims assessor without notice, you have legal rights under NSW law. This article explains how to respond to an assessor change, the role of SIRA in regulating CTP claims, and the steps to protect your compensation entitlements. The process applies to all injured road users in Ashfield, including drivers, cyclists, and pedestrians.
What to Do When a CTP Insurer Changes an Assessor
Under NSW law, CTP insurers must notify claimants of any changes to the assessment process. If an assessor is replaced without proper notice, you should:
- Document the change in writing (email, letter, or note)
- Contact the insurer's claims manager to request clarification
- Seek advice from SIRA or a solicitor within 14 days of the change
- Request a copy of the new assessor's qualifications and credentials
Insurers cannot unilaterally change assessors without following the procedures in the Motor Accident Injuries Act 2017. If you believe the change impacts your claim, you may need to challenge it through SIRA's dispute resolution process.
SIRA's Role in Regulating CTP Assessor Changes
SIRA (State Insurance Regulatory Authority) oversees CTP insurers and ensures they comply with the Motor Accident Injuries Act. Key rules include:
- Insurers must use SIRA-approved assessors for claims
- Claimants have the right to request a second opinion
- Insurers cannot delay or deny claims without justification
If an insurer changes an assessor, they must provide written notice explaining the reason. Failure to follow these rules may constitute a breach of the CTP scheme's obligations.
Time Limits and Dispute Options
You have 28 days from the date of an assessor change to request a review of the decision. During this period, you should:
- Submit a written objection to the insurer
- Request a copy of the new assessor's report
- Seek independent legal advice if the change affects your claim
If the insurer refuses to comply, you may need to escalate the matter to SIRA. The authority has powers to investigate and enforce compliance with the CTP scheme's rules.
Example Scenario
A cyclist in Ashfield suffers a soft-tissue injury in a car park. Their initial assessor concludes the injury is below the threshold. The insurer then replaces the assessor without notice, leading to a revised report that reduces the claim. In this case, the injured person should:
- Request a written explanation for the assessor change
- Ask for the new assessor's credentials
- Seek legal advice about the impact on their claim
This example highlights the importance of acting quickly when an assessor change affects your compensation. The insurer's failure to follow proper procedures may create grounds for a dispute.
When to Seek Legal Advice
Contact a solicitor if:
- The assessor change delays your claim by more than 28 days
- The new assessor's report contradicts previous findings
- You believe the insurer has breached the CTP scheme's rules
Legal professionals can help you challenge unfair changes and ensure your rights are protected. Remember, every claim depends on its own facts, and the outcome will depend on the evidence and applicable law.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.