When a CTP insurer changes assessors, retaining the right evidence is critical to support your claim. Under NSW law, claimants must preserve records that demonstrate the injury's nature, treatment, and ongoing impact. This article explains the legal requirements, key evidence to retain, and steps to take when assessors change.
Legal Framework for Evidence Retention
New South Wales' Motor Accident Injuries Act 2017 (MAIA) and SIRA guidelines govern CTP claims. While the MAIA does not explicitly address evidence retention during assessor changes, SIRA's Motor Accident Claims page states that claimants must provide 'evidence of injury, treatment, and ongoing consequences' to support their case. This includes medical records, accident reports, and any correspondence with insurers.
SIRA also clarifies that claimants must 'keep all evidence related to your claim' for the duration of the process. This includes documents showing the injury's progression, such as medical imaging, specialist reports, and records of treatment. If an insurer replaces an assessor, the new assessor may request these records to reassess the claim.
Practical Evidence to Retain
When a CTP insurer changes assessors, claimants should retain the following:
- Medical records: Include GP notes, specialist reports, imaging (e.g., MRI/CT scans), and records of treatment. These prove the injury's nature and ongoing impact.
- Accident details: Keep police reports, witness statements, and photos of the scene. These establish the incident's circumstances.
- Treatment records: Document all medical treatments, including physiotherapy, medications, and time off work. This shows the injury's effect on daily life.
- Income and employment records: Provide evidence of lost wages or reduced earning capacity, such as payslips or employer statements.
- Insurer correspondence: Save all emails, letters, and forms exchanged with the insurer. These show the claim's progress and any disputes.
A hypothetical example: Sarah, a cyclist, lost her medical records after her insurer changed assessors. The new assessor rejected her claim, arguing there was no evidence of ongoing injury. Sarah later recovered the records from her GP and successfully appealed, highlighting the importance of retaining all documents.
Time Limits and Dispute Resolution
NSW CTP claims have strict time limits. Most claims must be submitted within 12 months of the accident, though extensions may apply for complex cases. If an insurer changes assessors after this period, the claim may be deemed out of time.
If you lose records during an assessor change, contact your insurer immediately. Under the MAIA, claimants have the right to request copies of all evidence held by insurers. If disputes arise, you may need to escalate the matter to SIRA or seek legal advice.
When to Seek Legal Advice
Consult a solicitor if:
- You are unsure which records are essential.
- Your insurer refuses to provide copies of evidence.
- You face a dispute over the injury's severity.
- You need help appealing a rejected claim.
Legal professionals can help you navigate the process, ensure all evidence is preserved, and challenge decisions that unfairly disadvantage claimants.
Next Steps
CTP claims depend on the timing of the accident, the nature of the injury, and the evidence retained. If your insurer has changed assessors, act quickly to preserve all records. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.