How to Request a Change of Assessor in NSW CTP Claims
If you're involved in a motor accident claim in New South Wales and are unhappy with the assessor appointed by your CTP insurer, you have the right to request a change. Under the Motor Accident Injuries Act 2017 and SIRA guidelines, claimants can ask for a different assessor if they believe the current one is unsuitable or biased. This process is governed by specific rules that apply across all regions of NSW, including rural and remote areas.
NSW CTP Rules on Assessor Changes
The NSW CTP scheme requires insurers to appoint an independent assessor to evaluate claims. However, claimants are not bound to accept the first assessor. According to SIRA's Making a Motor Accident Claim guidelines, you can formally request a change of assessor by contacting your insurer in writing. The insurer must then assign a new assessor within a reasonable timeframe, typically within 14 days of the request.
Key legal principles include:
- SIRA's role: The State Insurance Regulatory Authority (SIRA) oversees the CTP scheme and ensures insurers comply with assessor change rules.
- No automatic right to a new assessor: While you can request a change, the insurer is not obligated to agree unless there is a valid reason, such as a conflict of interest.
- Regional considerations: In regional NSW, assessors may be fewer, so delays are possible. You should contact your insurer promptly to avoid unnecessary delays.
Practical Steps and Evidence for Assessor Changes
To request a change of assessor, you must provide a clear reason. Common grounds include:
- The assessor has a conflict of interest (e.g., previously worked for the insurer).
- The assessor has not reviewed all relevant medical evidence.
- The assessor's report is inconsistent with your medical records.
Support your request with evidence such as:
- Copies of your medical records.
- A summary of your injury and treatment.
- A written statement explaining why the current assessor is unsuitable.
For example, a claimant in regional NSW might request a new assessor after the initial report fails to consider a specialist opinion about their soft-tissue injury. The insurer must then assign a different assessor to review the claim.
Time Limits and Dispute Options
You have 14 days from the date of the initial assessor's report to request a change. If the insurer refuses your request without a valid reason, you may need to escalate the matter to SIRA or the NSW Civil and Administrative Tribunal (NCAT). Under the Motor Accident Injuries Act 2017, claimants have the right to challenge decisions that affect their benefits.
Disputes over assessor changes are typically resolved through:
- SIRA mediation: A free service to resolve disputes between claimants and insurers.
- NCAT review: If mediation fails, you can apply to NCAT for a formal review of the assessor's decision.
When to Seek Legal Advice
If your request for a new assessor is denied, or if you're unsure about your options, consider consulting a solicitor. Legal professionals can help you:
- Draft a formal request for a new assessor.
- Challenge decisions that may unfairly limit your benefits.
- Navigate the SIRA and NCAT processes.
Next Steps
CTP entitlements depend on the date of your accident, the nature of your injury, and the insurer's actions. If you're in regional NSW and need help with an assessor change, contact LegalAdvice.com.au for free, no-obligation guidance. Every claim depends on its own facts.