What Evidence to Keep When Insurers Delay CTP Claims in NSW
If your insurer is taking a long time to decide your Compulsory Third Party (CTP) claim in New South Wales, it's important to know what evidence to keep. Insurers have legal obligations to respond within set timeframes, but delays are common. Keeping proper records helps you protect your claim and ensures you are ready if your insurer disputes your entitlement.
The Legal Framework Behind Delayed CTP Decisions
Under the Motor Accident Injuries Act 2017, insurers must act reasonably and promptly when assessing claims. While there is no fixed time limit for insurers to make a decision, the law requires them to consider your claim in a timely manner. If your insurer delays, you may need to escalate the matter or seek legal advice.
The key legal principle is that claimants have a duty to preserve evidence. This means keeping all documents related to your claim, including medical records, accident reports, and correspondence with your insurer. These records are essential if your insurer later disputes your claim.
Practical Steps and Evidence That Usually Matter
When your insurer delays a decision, you should take the following steps:
- Keep all medical records: This includes reports from your doctor, physiotherapist, and any specialist. These documents show the nature and extent of your injuries.
- Preserve accident details: Keep your accident report, photos of the scene, and any witness statements. These help establish the circumstances of the accident.
- Retain correspondence with your insurer: Save all emails, letters, and phone records with your insurer. These show your efforts to resolve the claim.
- Keep records of your income: If your injury has affected your ability to work, keep payslips, bank statements, and any other evidence of your income.
- Document your daily life: Keep a journal or diary of your daily activities, especially if your injury has affected your ability to work or perform everyday tasks.
Time Limits, Disputes and When to Seek Advice
Insurers have a legal duty to act reasonably when assessing claims. If your insurer delays your decision, you may need to escalate the matter. You can contact the NSW Civil and Administrative Tribunal (NCAT) to dispute your insurer's decision.
It's also important to note that there are time limits for making claims. Under the Motor Accident Injuries Act 2017, you must notify your insurer within 90 days of the accident. If your insurer delays your decision, you may need to seek legal advice to ensure your claim is processed correctly.
A Realistic Example
Imagine you were in a car accident in Sydney and your insurer took over a month to respond. During this time, you kept your medical records, accident report, and correspondence with your insurer. When your insurer finally made a decision, they denied your claim. You had the evidence to challenge their decision and could escalate the matter.
When to Seek Legal Advice
If your insurer is delaying your decision, you may need to seek legal advice. A solicitor can help you understand your rights and ensure your claim is processed correctly. They can also help you challenge your insurer's decision if your claim is denied.
Next Steps
If your insurer is delaying your CTP claim, it's important to keep all evidence. This includes medical records, accident reports, and correspondence with your insurer. If your insurer denies your claim, you may need to seek legal advice to challenge their decision.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.