Insurer IME Examinations, Evidence and Records to Keep (Central Coast)
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you're involved in a NSW CTP motor accident claim and have been asked to undergo an independent medical examination (IME) by your insurer, it's crucial to understand what evidence to retain and how to preserve it. IME reports play a key role in determining your claim's outcome, and proper documentation can protect your rights.
What Evidence Must Be Retained From IME Examinations?
Under NSW CTP rules, claimants must retain all records related to insurer-mandated IMEs. This includes:
- Medical reports from the IME, including notes on injuries, treatment needs, and functional limitations.
- Copies of all correspondence with the insurer, including letters requesting the exam and any follow-up.
- Photographs or diagrams of injuries, if provided by the claimant.
- Witness statements or other evidence that supports your version of events.
- Digital copies of all documents, including scanned PDFs and email archives.
SIRA guidelines (https://www.sira.nsw.gov.au/claims/motor-accidents) emphasize that IME records must be treated as critical evidence. Discrepancies between the IME findings and your medical records could impact your claim.
How to Document and Preserve IME Records
To ensure your evidence is admissible:
- Label all documents with the date, time, and type of record (e.g., 'IME Report - 10 May 2025').
- Store originals securely in a locked filing cabinet or safe. Digital copies should be backed up on an external drive.
- Note any inconsistencies between the IME report and your medical records. For example, if the examiner overlooks a pre-existing condition, document this.
- Keep a log of all interactions with the insurer, including dates and summaries of discussions.
Role of IME Exams in CTP Claims
IME reports are used to assess:
- Whether your injuries meet the 'threshold injury' definition under the Motor Accident Injuries Act 2017.
- The extent of your treatment and care needs.
- Whether your claim qualifies for weekly income payments or lump sum damages.
A 2023 SIRA case (https://www.sira.nsw.gov.au/claims/motor-accidents/what-you-can-claim) showed that claimants who failed to retain IME records lost their right to claim weekly benefits after 52 weeks.
Time Limits and When to Seek Advice
CTP claims have strict time limits. You must notify your insurer of your intention to claim within 52 weeks of the accident (s 3.28 of the Motor Accident Injuries Act 2017). If your IME report is issued after this period, it may not be admissible.
If you dispute the IME findings, seek legal advice immediately. A solicitor can help you challenge the report or request a second opinion.
Practical Example
Imagine a Central Coast claimant who suffered a soft-tissue injury. The insurer arranges an IME that downplays the injury's severity. By retaining the IME report and comparing it with their own medical records, the claimant can demonstrate discrepancies. This evidence could support a claim for additional treatment or compensation.
Next Steps
CTP claims depend on meticulous record-keeping. If you're unsure how to handle your IME records or need guidance on disputing findings, contact a legal professional. Every claim depends on its own facts.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.