Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
Caregivers and families in Albury seeking compensation after a motor accident can raise concerns about insurer conduct through the NSW Motor Accident Claims Authority (SIRA). This article explains how to file a complaint, what to consider when dealing with SIRA, and how to navigate the process while managing caregiving responsibilities.
How to File a SIRA Complaint About an Insurer
Under the Motor Accident Injuries Act 2017, insurers must handle claims fairly. If an insurer denies benefits, delays payments, or fails to meet obligations, caregivers or families can lodge a complaint with SIRA. To file a complaint:
- Contact SIRA directly via their website or phone
- Provide evidence of the insurer's actions, such as correspondence, medical records, or witness statements
- Explain how the insurer's behavior has impacted your ability to care for the injured person
SIRA will review the complaint and may request additional information or mediate between the parties.
Key Considerations for Caregivers and Families
When dealing with SIRA complaints, families should be aware of:
- Time limits: Most claims must be filed within 52 weeks of the accident, though SIRA complaints may have different deadlines
- Caregiving impact: SIRA considers how the insurer's actions affect your ability to provide care, including financial strain or emotional stress
- Documentation: Keep records of all communications with the insurer, medical reports, and expenses related to caregiving
- Support services: SIRA may recommend independent assessments or mediation if disputes arise
What SIRA Looks For in Caregiver Complaints
SIRA evaluates complaints by assessing:
- Whether the insurer has followed the Motor Accident Guidelines for assessing injuries
- Whether the insurer has appropriately considered the injured person's care needs
- Whether the insurer's actions have caused additional hardship for caregivers
- Whether the claimant's family circumstances have been adequately addressed in benefit calculations
Practical Steps for Families in Albury
- Seek medical attention immediately to establish injury details
- Document all interactions with the insurer, including dates, times, and what was discussed
- Keep records of caregiving activities like time spent providing care, expenses incurred, and any impact on work or family life
- Contact SIRA early if you believe the insurer is not meeting its obligations
- Consider independent assessments if the insurer disputes the need for care or benefits
When to Seek Legal Advice
While SIRA handles most complaints, families should consult a solicitor if:
- The insurer refuses to provide information or documents
- The claimant's injuries are complex or require specialist assessment
- There are disputes about the impact of the accident on family life
- The 52-week limit for certain benefits is affecting the claim
Next Steps for Albury Families
If you're managing a claim while caring for a loved one, the process can be overwhelming. SIRA's complaint process allows families to challenge unfair treatment, but it's important to act promptly and document everything. For personalized guidance, complete the quick, no obligation enquiry form to request contact about your circumstances.