If you believe an insurer mishandled evidence in your NSW Compulsory Third Party (CTP) claim, you may need to contact the State Insurance Regulatory Authority (SIRA). This guide explains what evidence insurers must keep, how to file a complaint with SIRA, and the legal rules around record retention in Auburn and other NSW locations.
What Evidence Must Insurers Keep for NSW CTP Claims?
Under NSW law, insurers must retain specific records to support CTP claims. These include:
- Medical records documenting your injuries and treatment
- Accident reports and police statements
- Witness statements and contact details
- Photographic evidence of the accident scene
- Income records to support weekly payment claims
- Correspondence with the claimant and their legal representatives
SIRA guidelines state insurers must keep these records for at least 5 years. If your claim involves a threshold injury (soft tissue damage meeting specific medical criteria), insurers must retain evidence for the full 52-week statutory benefit period.
How to File a SIRA Complaint About Evidence Management
To complain about an insurer's handling of evidence:
- Gather documentation showing the insurer failed to retain or provide required records
- Contact the insurer in writing to request missing evidence (keep a copy of your correspondence)
- Submit a complaint to SIRA via their online portal or by post
- Include supporting evidence such as medical reports, accident statements, and any correspondence showing the insurer's failure to comply
SIRA typically responds to complaints within 28 days. If your complaint involves a dispute over evidence, you may need to escalate to the NSW Civil and Administrative Tribunal (NCAT) for a formal review.
SIRA's Rules on Accessing and Retaining Claim Records
SIRA has specific rules about how insurers must handle claim-related records:
- Insurers must allow claimants to inspect and copy records relevant to their claim
- Records must be retained in a way that ensures they are available for review by SIRA or NCAT
- Insurers cannot refuse to provide records on the grounds of privacy unless there is a valid legal objection
If you believe an insurer has destroyed or withheld evidence, you may need to request a formal inspection of their records. SIRA can investigate whether the insurer has followed the correct procedures.
Documentation Needed for a SIRA Complaint
When preparing your complaint, ensure you include:
- A clear description of the evidence issue (e.g., missing medical records, unresponsive insurer)
- Dates and details of the incident
- Names of all parties involved (insurer, claimant, witnesses)
- Copies of any correspondence with the insurer
- Medical reports or other evidence showing the injury's impact
If your claim involves a dispute over weekly payments or treatment benefits, include details about how the missing evidence affects your entitlements.
Example: What Happens If an Insurer Fails to Keep Records?
Imagine a claimant in Auburn who suffered a soft-tissue injury. The insurer failed to retain a key medical report showing the injury met the threshold injury criteria. This omission could result in the claimant losing weekly benefits after 52 weeks. In such cases, the claimant may need to:
- Request the insurer to provide the missing report
- File a complaint with SIRA about the insurer's failure to retain records
- Seek legal advice if the insurer refuses to comply
This example shows how evidence retention issues can directly impact your entitlements under the Motor Accident Injuries Act 2017.
When to Seek Legal Advice
Contact a solicitor if:
- The insurer refuses to provide requested records
- You believe the insurer has destroyed evidence
- You need help preparing a complaint to SIRA
- You want to dispute the insurer's assessment of your injury
Legal professionals can help you understand your options and ensure your complaint meets SIRA's requirements.
Next Steps
If you're in Auburn or another NSW location and believe an insurer mishandled evidence in your CTP claim, take action now. Time limits apply to both complaints and legal proceedings. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.