Common Mistakes When CTP Insurers Request a Change of Assessor
If a CTP insurer in NSW proposes a new assessor, injured road users in Armidale must avoid specific pitfalls to protect their claim. One common mistake is failing to understand the legal process for changing assessors. Under the Motor Accident Injuries Act 2017, insurers must provide a valid reason for requesting a new assessor, such as a conflict of interest or perceived bias. Ignoring this requirement could delay or invalidate your claim.
Another error is not documenting all communications with the insurer. Keeping records of emails, letters, and phone calls is essential. If the insurer requests a new assessor, you should ask for written confirmation of their reason and ensure all correspondence is preserved. Failing to do so may leave you without evidence to challenge the change.
A third mistake is not seeking independent medical or vocational advice. If the new assessor’s report contradicts your medical records, you may need an independent expert to clarify your injury’s impact. SIRA guidelines emphasize that injured people have the right to challenge an assessor’s findings if they believe the process is unfair.
Practical Steps for Handling a CTP Assessor Change
When a CTP insurer proposes a new assessor, take these steps:
- Request written details of the insurer’s reason for the change, including the assessor’s qualifications and experience.
- Review all medical records to ensure they are complete and up-to-date. Incomplete records may lead to an inaccurate assessment.
- Seek independent advice if you suspect the new assessor’s report is biased or incomplete. This could involve consulting a vocational expert or a second medical opinion.
- Challenge the change if the insurer fails to provide a valid reason. Under SIRA guidelines, you may request a review of the assessor’s appointment.
Time Limits and When to Seek Legal Advice
CTP claims in NSW have strict time limits. For example, you must notify the insurer of your injury within 14 days of the accident, and certain benefits have a 52-week limit for weekly payments. If the insurer’s proposed change delays your claim beyond these deadlines, you may lose entitlements.
If you’re unsure how to respond to an assessor change, seek legal advice immediately. A solicitor can help you challenge the insurer’s decision, request a review, or ensure your claim complies with SIRA guidelines. In Armidale, contact a local legal professional to avoid costly mistakes.
Example Scenario
Consider this hypothetical: Sarah, a cyclist in Armidale, is injured in a collision. The insurer requests a new assessor, claiming the original report was ‘incomplete.’ Sarah fails to request written details of the change and does not seek an independent medical opinion. Months later, she discovers the new assessor’s report excludes key evidence about her long-term mobility issues. By this point, the 52-week limit for weekly payments has expired, and she loses access to certain benefits. This shows how failing to document and challenge the assessor change can harm your claim.
Next Steps
CTP claims depend on the specific facts of your case. To ensure you avoid common mistakes, complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and time limits may apply.