Requesting a Change of Assessor in NSW CTP Claims
Injured road users in New South Wales who are dissatisfied with an assessor’s decision under a Compulsory Third Party (CTP) claim can request a change of assessor. The process is governed by the Motor Accident Injuries Act 2017 and SIRA guidelines. Key steps include submitting a written request to the insurer, providing evidence of the assessor’s issues, and following up to ensure the review is completed.
Legal Framework for Assessor Changes
The CTP scheme allows claimants to challenge an assessor’s decision if it is unsatisfactory. Under the Motor Accident Injuries Act 2017, claimants can request a review of an assessor’s report through the insurer. SIRA’s guidelines state that if a claimant believes the assessment is incorrect or incomplete, they should contact the insurer to request a reassessment. This process is distinct from disputing the claim itself and focuses on correcting the assessment of injuries or benefits.
Practical Steps for Requesting a Change
- Contact the insurer: Reach out to your CTP insurer to formally request a change of assessor. Provide details of the current assessor’s decision and explain why you believe a review is necessary.
- Submit written evidence: Include medical records, accident reports, and any other evidence that supports your case. SIRA’s guidelines emphasize the importance of clear documentation to support a reassessment.
- Follow up: Ensure the insurer acknowledges your request and provides a timeline for the review. If the insurer delays, you may need to escalate the matter to SIRA.
Time Limits and Dispute Options
There is no specific time limit for requesting a change of assessor, but delays could affect the claim’s progress. If the insurer refuses to review the assessment, you can escalate the matter to SIRA. The review process typically involves a different assessor evaluating the claim based on the evidence provided.
When to Seek Legal Advice
If the insurer denies the request or the dispute escalates, it may be necessary to seek legal advice. A solicitor can help you understand your rights under the CTP scheme and ensure the insurer complies with the law. Legal assistance is particularly valuable if the claimant is unsure about the process or if the insurer’s response is unsatisfactory.
Example Scenario
Consider a cyclist who received a low assessment for soft-tissue injuries. The claimant requests a reassessment, citing conflicting medical opinions. The insurer reviews the case and appoints a new assessor, leading to a revised evaluation. This example illustrates how the process works in practice.
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