Insurer Internal Reviews, Evidence and Records to Keep in Newcastle and Hunter
If your Compulsory Third Party (CTP) claim is under review by your insurer in Newcastle or Hunter, understanding what evidence must be retained is critical. Insurers are legally required to keep records of all evidence during internal reviews under the Motor Accident Injuries Act 2017. This includes medical reports, accident details, and any correspondence. SIRA guidelines also dictate how insurers must handle disputes, ensuring claimants have a fair chance to challenge decisions.
NSW CTP Rules Behind the Question
Under NSW law, insurers must retain all evidence relevant to a claim during internal reviews. This includes:
- Medical records showing injury details and treatment.
- Accident reports from police or witnesses.
- Photographs of the scene or vehicle damage.
- Insurer correspondence with claimants or medical professionals.
SIRA’s Motor Accident Claims page (https://www.sira.nsw.gov.au/claims/motor-accidents) explicitly states insurers must not discard evidence that could affect a claim’s outcome. This applies even if the claim is being reconsidered internally.
Practical Steps and Evidence to Keep
When disputing an insurer’s decision, claimants should ensure they retain:
- Medical records showing the injury’s impact, including specialist opinions.
- Accident reports from the NSW Police or traffic cameras.
- Witness statements and contact details.
- Photographs of the accident scene, vehicle damage, and personal injuries.
- Income records to support claims for lost wages.
For example, a pedestrian injured in a Newcastle car park must keep medical notes showing the injury’s progression, as well as photos of the accident scene. These records help insurers assess the claim fairly.
Time Limits, Disputes, and When to Seek Advice
Insurers have 28 days to respond to a claimant’s request for reconsideration under the Motor Accident Injuries Regulation 2017. If the decision is unsatisfactory, claimants can escalate to the Personal Injury Commission (PIC) or SIRA. However, the 52-week limit for weekly benefits applies if injuries are classified as 'threshold injuries' (per s 4.4 of the Motor Accident Injuries Act 2017). This means benefits may stop after 52 weeks unless the injury meets higher impairment thresholds.
Disputes over medical assessments should be escalated to the PIC, which has a specific pathway for challenging medical opinions. Note that a challenge does not guarantee a changed decision, the PIC will assess whether the insurer’s interpretation of the evidence is reasonable.
If your insurer refuses to consider your evidence or disputes your claim without clear reasoning, seek legal advice. Independent solicitors can help you understand your options and ensure your records are properly submitted.
Next Steps
CTP claims depend on the date of the accident, the type of injury, and the evidence retained. In Newcastle and Hunter, insurers must follow strict guidelines to ensure fairness. To request contact about your circumstances, complete the quick, no obligation enquiry form.