If your insurer is delaying a decision on your NSW Compulsory Third Party (CTP) claim, it's essential to retain specific evidence to support your case. Under the Motor Accident Injuries Act 2017 and SIRA guidelines, claimants must document key records to prove their entitlements. This article explains which evidence to keep, time limits to be aware of, and steps to take if your claim is delayed.
Why Evidence Matters in Delayed CTP Claims
Insurers must decide on CTP claims within set timeframes, but delays are common. Under NSW law, claimants must provide sufficient evidence to demonstrate their injuries and entitlements. SIRA guidelines (https://www.sira.nsw.gov.au/claims/motor-accidents) state that insurers must assess claims based on medical evidence, accident details, and statutory requirements. If an insurer delays a decision, retaining records helps prove compliance with legal obligations.
Key Evidence to Retain
When insurers delay, claimants should keep the following records:
- Medical records: Include all treatment notes, diagnostic reports, and specialist opinions. SIRA emphasizes that medical evidence must show a direct link between the accident and injuries.
- Accident details: Document the incident with police reports, witness statements, and photographs. Even if the accident occurred on private property, such as a car park in Ashfield, the location's legal classification may affect claims.
- Communication with insurers: Save all correspondence, including emails, letters, and phone records. This proves when the insurer received your claim and any delays.
- Income and expenses: Keep records of lost wages, medical costs, and other financial impacts. SIRA guidelines clarify that weekly income payments are available for threshold injuries, but these must be supported by evidence.
- Witness and expert reports: Statements from witnesses or medical professionals can strengthen your case if the insurer disputes your claim.
Time Limits and Dispute Options
Under the Motor Accident Injuries Act 2017, insurers must respond to claims within 52 weeks for certain benefits. If your claim involves only threshold injuries (soft tissue injuries meeting specific criteria), weekly benefits may stop after 52 weeks. However, this does not apply to all claims, so it's crucial to confirm your entitlements with SIRA.
If an insurer delays a decision, you can:
- Escalate through SIRA: Contact the NSW Motor Accident Claims Unit to request an expedited review.
- Seek legal advice: A solicitor can help challenge delays or disputes under the Act.
- File a complaint: Use the NSW Civil and Administrative Tribunal (NCAT) to address procedural delays.
When to Seek Independent Advice
If your insurer refuses to pay or disputes your claim, consult a legal professional. SIRA provides free information, but individual claims require tailored advice. A solicitor can assess whether your insurer has breached legal obligations under the Motor Accident Injuries Act 2017.
Example Scenario
Consider a pedestrian in Ashfield who was hit by a car. Their medical records show a soft tissue injury meeting the threshold injury definition. The insurer delays a decision on weekly income payments. By retaining medical evidence and accident details, the claimant can prove their entitlement to benefits under the Act.
Next Steps
CTP claims depend on the accident date, injury type, and insurer actions. If your claim is delayed, act quickly to preserve evidence. General information cannot determine whether a claim is available in your case. To request contact about your circumstances, complete the quick, no obligation enquiry form.