If your CTP claim is delayed, the 2017 NSW reforms changed how insurers must handle your case. Under the Motor Accident Injuries Act 2017, insurers must now respond to claims within specific timeframes, with stricter rules for delays. This article explains the key changes, how insurers handle delays, and steps to take if your claim is stalled.
What Changed in the 2017 Reforms?
The 2017 reforms introduced clearer time limits for insurers to assess and respond to CTP claims. Previously, insurers had more flexibility in decision timelines. Now, under the Motor Accident Injuries Act 2017, insurers must:
- Acknowledge claims within 14 days of receiving them.
- Provide a decision within 28 days of the claim being accepted.
- Explain the reasoning for any delay beyond these periods.
These changes apply to all NSW, including the Central Coast. If an insurer fails to meet these deadlines, claimants may have stronger grounds to escalate the matter.
How Do Insurers Handle Delayed Decisions?
Insurers must now provide written reasons for delays. If your claim is delayed beyond the 28-day decision period, the insurer must:
- State the reason for the delay (e.g., medical report review, legal review).
- Offer an estimated new timeline.
If an insurer ignores these rules, you may have options to challenge the delay. For example, you can request a review through the NSW Civil and Administrative Tribunal (NCAT) or seek legal advice.
Practical Steps for Claimants
If your CTP claim is delayed, take these steps:
- Document the delay: Note the date you submitted your claim and when you received any responses.
- Request written reasons: Ask the insurer to explain any delay beyond the 28-day period.
- Preserve evidence: Keep copies of all correspondence, medical records, and accident reports.
- Escalate if needed: If the insurer fails to respond within the required timeframe, contact the NSW Motor Accident Insurance Authority (MAIA) or seek legal advice.
When to Seek Advice
If your claim has been delayed for over 28 days without a response, or if the insurer refuses to provide a decision, you should consult a legal professional. The 2017 reforms give claimants stronger tools to challenge delays, but these must be applied correctly.
Example: A Claimant’s Experience
Imagine a claimant who was in a car accident on the Central Coast. They submitted their claim, but the insurer took 35 days to respond. Under the 2017 rules, the insurer must have explained the delay and provided a new timeline. If they failed to do so, the claimant could escalate the matter to NCAT.
Next Steps
Time limits and procedural rules can vary depending on your accident date and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.