What Evidence Should You Keep After a Motor Accident in Greater Sydney?
If you were involved in a motor accident in Greater Sydney and are making a claim under green slip CTP insurance, keeping the right evidence and records is essential. Under the Motor Accident Injuries Act 2017, which governs CTP claims in NSW, your ability to access compensation for injuries, treatment, and lost income depends on the quality and completeness of your documentation. The most common types of evidence to retain include photographs of the accident scene and vehicle damage, a written record of the incident (including details like time, weather, and road conditions), medical reports from your treating practitioner, and any correspondence with your insurer or the insurer of the other driver. These records help establish the facts of the accident, the nature and extent of your injuries, and the impact on your daily life and capacity to work.
Why Documentation Matters in CTP Claims
The NSW CTP scheme, administered by the State Insurance Regulatory Authority (SIRA), operates on the principle that claims must be supported by factual evidence. Without proper documentation, it may be difficult to prove that an injury occurred as a result of the accident, or that the injury has caused financial or personal loss. For example, if you are claiming for weekly income payments due to time off work, you will need to provide proof of your earnings and a medical certificate confirming your inability to work. Similarly, if you are claiming for treatment and care benefits, you must keep records of all medical appointments, prescriptions, and allied health services received. SIRA’s guidelines state that evidence must be contemporaneous and accurate to be accepted. Delayed or incomplete records may reduce the credibility of your claim.
Key Records to Preserve After a Motor Accident
The following records are commonly required in CTP claims under NSW law:
- Photographs of the accident scene, vehicle damage, and visible injuries
- A completed accident report form (if provided by police or insurer)
- Medical records, including initial assessments, treatment plans, and progress notes
- A certificate from your medical practitioner confirming your injury and its impact on your ability to work or perform daily activities
- Pay slips and tax returns to demonstrate pre-accident income and any loss of earnings
- Invoices and receipts for out-of-pocket expenses related to the accident (e.g., transport costs, home modifications)
- Any written correspondence with insurers, including emails, letters, or text messages
These records must be kept in a secure and accessible location. Digital copies stored on a cloud service or external drive are acceptable, provided they are not altered or deleted. SIRA advises that evidence should not be destroyed or modified, as this may affect your claim.
Time Limits and Procedural Requirements
There are time limits that apply to CTP claims in NSW. You must notify your insurer of the accident as soon as practicable. While there is no fixed deadline for making a claim, delays may affect the availability of evidence, particularly witness statements or photographic records. If you are claiming for damages (such as pain and suffering or future loss of income), you must generally start proceedings within three years of the accident date. For claims involving only threshold injuries, the 52-week benefit period under the Motor Accident Injuries Act 2017 may apply, and benefits may cease after that time unless a claim for damages is made within the statutory timeframe.
When to Seek Advice
If you are unsure about what evidence to keep, or if your claim is disputed by an insurer, it is advisable to seek independent legal advice. SIRA does not provide legal representation, but it does offer guidance on the claims process and the types of evidence that may be required. A legal practitioner can help you assess whether your evidence supports a claim for treatment and care benefits, weekly income payments, or damages. They can also assist in preparing a formal claim and responding to insurer inquiries.
Example: How Evidence Supports a Claim
Consider a scenario where a pedestrian in Sydney’s inner west was struck by a car while crossing a road at a traffic light. The pedestrian sustained a soft tissue injury to the neck and back, and was unable to return to work for six weeks. The pedestrian took photographs of the scene immediately after the incident, obtained a medical certificate from their GP, and kept all treatment records from a physiotherapist. These records were used to support a claim for weekly income payments and treatment and care benefits under the CTP scheme. The insurer accepted the claim because the evidence clearly linked the injury to the accident and demonstrated a financial loss.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.