If your CTP claim has been denied, it’s important to understand what evidence you should keep to support your case. In New South Wales, the Motor Accident Injuries Act 2017 (MAIA) governs CTP claims, and the State Insurance Regulatory Authority (SIRA) provides guidance on what records are essential. This article explains the key evidence to retain, how SIRA’s rules apply to denied claims, and practical steps to take if you need to appeal or review your claim.
What Evidence to Retain When a CTP Claim is Denied
When a CTP claim is denied, it’s crucial to preserve all relevant evidence that supports your case. This includes:
- Medical records - Ensure you keep copies of all medical reports, imaging, and treatment records. These documents are vital to establish the nature and extent of your injuries.
- Accident report - Obtain a copy of the police report or any official accident report. This can help establish the circumstances of the incident.
- Witness statements - If there were witnesses, their statements or contact details should be retained. These can support your account of the incident.
- Photographs and videos - Any images of the accident scene, vehicle damage, or your injuries should be kept. These can provide visual evidence of the incident.
- Correspondence with the insurer - Save all emails, letters, or other communication with the insurer. This can help track the progress of your claim and any issues raised.
- Income records - If you’ve been unable to work due to your injuries, keep records of your income, any loss of earnings, and medical advice that supports your inability to work.
- Witnesses and expert opinions - If you have expert opinions or witness statements that support your claim, ensure they are retained and documented.
How SIRA’s Guidance Applies to Denied Claims
SIRA provides detailed guidance on what evidence is required for CTP claims. When a claim is denied, it’s important to understand the reasons behind the denial and how SIRA’s rules apply. SIRA’s guidance on what you can claim outlines the types of benefits available, including weekly income payments, treatment and care benefits, and lump sum compensation. If your claim has been denied, you should review the reasons provided and ensure that all required evidence has been submitted.
Practical Steps to Take When a Claim is Denied
If your CTP claim has been denied, there are several practical steps you can take to support your case:
- Review the denial letter - Understand the reasons for the denial and ensure that all required evidence has been submitted.
- Gather additional evidence - If there are gaps in your evidence, take steps to gather additional records or statements that support your claim.
- Seek independent medical advice - If you believe your injuries are not being properly assessed, seek an independent medical opinion to support your case.
- Appeal the decision - If you believe the denial was incorrect, you may be able to appeal the decision. SIRA provides guidance on the appeals process, and you may need to provide additional evidence to support your appeal.
- Consult a legal professional - If you’re unsure about your next steps, consider seeking advice from a legal professional who specialises in CTP claims. They can help you understand your options and ensure that your case is properly presented.
Time Limits and When to Seek Advice
It’s important to be aware of the time limits for CTP claims in NSW. Under the MAIA, there are specific time limits for making claims and for appealing denied claims. If your claim has been denied, you should act quickly to ensure that you don’t miss any deadlines. If you’re unsure about your next steps, it’s advisable to seek legal advice as soon as possible.
When to Seek Legal Advice
If your CTP claim has been denied, it’s important to understand your options and the steps you can take to support your case. While SIRA provides guidance on what evidence is required, it’s often beneficial to seek advice from a legal professional who specialises in CTP claims. They can help you understand your rights, ensure that your case is properly presented, and provide guidance on the appeals process.
Conclusion
If your CTP claim has been denied, it’s important to understand what evidence you should keep to support your case. By retaining all relevant records, understanding SIRA’s guidance, and seeking legal advice if needed, you can take the necessary steps to support your claim. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.