If you're dealing with a delayed decision from an NSW CTP insurer after a motor accident, knowing which evidence to retain is critical. Delayed responses can complicate claims, but retaining the right records can support your case. This article explains what evidence to keep, how SIRA guidelines apply, and when to seek legal advice.
Why Evidence Matters in Delayed CTP Claims
CTP insurers must respond to claims within set timeframes under the Motor Accident Injuries Act 2017. Delays may indicate disputes over injury severity, fault, or entitlements. To prove your claim, you must preserve records that demonstrate:
- The accident occurred and your injuries resulted from it
- The nature and extent of your injuries
- Your financial losses or care needs
SIRA’s guidelines stress that insurers must assess claims based on medical evidence and factual details. If an insurer delays, you must ensure your records clearly connect the accident to your injuries and losses.
Key Evidence to Retain
- Medical Records: Keep all medical reports, imaging, and treatment records. SIRA’s What You Can Claim page notes that injuries must meet the threshold injury definition (e.g., soft tissue injuries with neurological signs) to qualify for benefits. Documenting treatment timelines is essential.
- Accident Details: Save police reports, witness statements, and photos of the scene. Even if the accident occurred in a car park or private driveway, the location’s legal classification (e.g., public road vs. private property) may affect claims.
- Communication with Insurers: Retain copies of all correspondence, including claims forms, emails, and phone notes. If the insurer requests additional information, respond promptly to avoid appearing uncooperative.
- Financial Records: Keep receipts for medical bills, lost wages, and out-of-pocket expenses. SIRA’s Making a Motor Accident Claim guide highlights that weekly income payments depend on documented earnings.
- Witness and Expert Evidence: If injuries are disputed, retain witness contact details and any expert opinions (e.g., from a physiotherapist or occupational therapist) that support your case.
SIRA’s Role in Delayed Decisions
SIRA oversees CTP claims and provides templates for claims forms and evidence submission. If an insurer delays beyond 52 weeks for threshold injuries, weekly benefits may stop under s 4.4 of the Motor Accident Injuries Act 2017. However, if your injuries exceed the threshold (e.g., whole person impairment over 10%), you may still qualify for ongoing damages.
When to Seek Legal Advice
Escalate to a solicitor if:
- The insurer refuses to provide a decision timeline
- You receive a ‘notifiable event’ letter under s 3.28 of the Act
- Your injuries worsen, and the insurer ignores medical updates
A lawyer can help challenge delays, request formal reviews, or pursue a dispute resolution under the NSW Civil and Administrative Tribunal (NCAT).
Example: A Western Sydney Claim
Consider a cyclist injured in a car park in Sydney Olympic Park. The insurer delays for 60 days, claiming the injury is ‘minor.’ Medical records showing a herniated disc and MRI scans would counter this. Retaining these documents ensures your claim aligns with SIRA’s threshold injury criteria.
Next Steps
CTP claims depend on timing, evidence, and legal interpretation. If you’re in Western Sydney and facing a delayed decision, act quickly to preserve records. Time limits for disputes under the Act may apply, so seek advice before deadlines expire.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.