If your insurer is delaying a decision on your NSW Compulsory Third Party (CTP) claim, it's essential to understand which evidence to retain. Under NSW law, claimants must preserve records that support their claim, including medical evidence, accident details, and financial records. This article explains the legal requirements for evidence retention, time limits for claims, and when to seek legal advice.
Legal Framework for Evidence Retention
NSW CTP claims are governed by the Motor Accident Injuries Act 2017 and SIRA guidelines. Insurers must respond to claims within specific timeframes, but delays are common. SIRA's guidelines state that claimants must provide sufficient evidence to support their claim, including:
- Medical records confirming injuries
- Police reports or accident statements
- Witness statements
- Photographs of the accident scene
- Records of lost income or expenses
Insurers may request additional evidence during the review process, and claimants must retain all original documents. SIRA advises that evidence should be kept for at least 5 years, as claims can be reopened if new information emerges.
Practical Steps and Evidence to Keep
When an insurer delays a decision, focus on preserving the following:
- Medical records: Ensure your treating medical practitioner documents the injury's progression. Soft tissue injuries (threshold injuries) must meet specific criteria under the Motor Accident Guidelines.
- Accident details: Keep copies of police reports, traffic camera footage, and witness statements. Even if the accident occurred in a car park or private driveway, the legal character of the incident matters.
- Financial records: Retain payslips, bank statements, and receipts for out-of-pocket expenses. SIRA requires evidence of income loss for weekly benefits.
- Communication with insurers: Save all correspondence, including emails and letters, as they may affect claims.
A hypothetical example: Sarah was in a collision and suffered a soft tissue injury. Her insurer delayed a decision for 6 weeks. She retained her medical records, a police report, and photos of the damaged vehicle. This evidence helped support her claim for treatment and care benefits.
Time Limits and Dispute Options
NSW CTP claims must be submitted within 6 months of the accident, but insurers can extend this period for review. If an insurer refuses to pay, you may:
- Request a written explanation of their decision
- Submit additional evidence to support your claim
- Escalate to SIRA's dispute resolution process
Under the Motor Accident Injuries Act 2017, claimants must demonstrate that their injuries meet the threshold for benefits. If an insurer disputes the injury's severity, medical evidence becomes critical.
When to Seek Legal Advice
If your insurer's delay exceeds 90 days or if you're unsure about your evidence, consult a legal professional. SIRA's guidelines do not cover all scenarios, and claimants may need to pursue a dispute through the NSW Civil and Administrative Tribunal (NCAT) or the Supreme Court.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.