When Can a CTP Insurer Change Their Assessor?
If a CTP insurer changes the assessor assigned to your claim, you have legal rights under NSW law. The Motor Accident Injuries Act 2017 (MAIA) and SIRA guidelines govern this process. Insurers may replace an assessor for administrative reasons, but they must follow specific procedures. You are entitled to:
- A written explanation for the change
- A fair opportunity to respond to the new assessor's report
- Access to all relevant claim documentation
SIRA oversees assessor appointments and can intervene if the change appears unreasonable. Always request written confirmation of the change and keep records of all communications.
How to Respond to an Assessor Change
If you disagree with the new assessor's findings, take these steps:
- Review the new report - Check if it addresses all injuries and evidence from your claim.
- Request a review - Ask the insurer to reconsider the assessment or provide additional evidence.
- Escalate to SIRA - If the insurer refuses to review, contact SIRA's claims team directly.
- Seek independent medical advice - A second opinion can help challenge the assessor's conclusions.
Document everything. Keep copies of the new assessor's report, your responses, and any correspondence with the insurer. If the assessor's report contradicts your medical records, this can be a key point in disputing the change.
Time Limits and Dispute Options
NSW CTP law does not set a strict time limit for challenging an assessor change, but delays can harm your claim. If the insurer refuses to review the new report, you may need to:
- Lodge a formal complaint with SIRA
- Apply to the NSW Civil and Administrative Tribunal (NCAT) for a review
SIRA has the authority to order a new assessment if they find the change was not justified. In rare cases, a court may intervene if the dispute involves significant compensation issues.
Example Scenario
Imagine you were injured in a car accident in Albury and were assessed by a physiotherapist. The insurer later replaces the assessor with a different physiotherapist. The new report concludes your injuries are not serious enough for compensation. You should:
- Request a written explanation for the change
- Compare the new report with your medical records
- Ask the insurer to review the report with your treating doctor
- If unresolved, contact SIRA to challenge the change
This example shows how to navigate an assessor change while protecting your claim.
When to Seek Legal Advice
While SIRA handles most disputes, complex cases may require a lawyer. Consider seeking advice if:
- The insurer refuses to provide a written reason for the change
- The new assessor's report contradicts your medical evidence
- You believe the change is a tactic to reduce compensation
A solicitor can help you challenge the change legally and ensure your rights are protected under NSW CTP law.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.