If you believe an NSW CTP insurer mishandled evidence or records related to your motor accident claim, you may have grounds to complain to the State Insurance Regulatory Authority (SIRA). This guide explains your options under NSW law, including what evidence insurers must retain, how to formally lodge a complaint, and time limits for action.
What Evidence Must CTP Insurers Retain Under NSW Law?
NSW CTP insurers are legally required to retain specific evidence to support claims and defend disputes. Key records include:
- Medical reports and treatment records
- Accident reports and police statements
- Witness statements and photographic evidence
- Financial records showing income loss or medical expenses
- Correspondence with claimants and their legal representatives
SIRA guidelines (https://www.sira.nsw.gov.au/claims/motor-accidents) state insurers must preserve these documents for at least 5 years. Failure to retain evidence could constitute misconduct under the Motor Accident Injuries Act 2017.
How to Lodge a SIRA Complaint About Evidence Management
To formally 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 clarification (keep a copy)
- Lodge a complaint with SIRA via their online portal or by post
- Include supporting evidence such as medical records, correspondence, and timelines
SIRA investigates complaints about insurers' compliance with CTP rules, including evidence retention standards. You may also request a copy of the insurer's internal records under the Freedom of Information Act.
What Documentation Supports a SIRA Complaint?
Your complaint should include:
- Details of the accident date, location, and parties involved
- Copies of all relevant documents the insurer refused to provide
- Evidence of the insurer's failure to retain records (e.g., missing files, unresponsive staff)
- Any communication showing the insurer's refusal to cooperate
For example, if an insurer withheld your medical records for 6 weeks without explanation, this could support a complaint about evidence management.
Time Limits for SIRA Complaints
You must lodge a complaint with SIRA within 6 months of the incident or when you became aware of the issue. If the insurer's misconduct caused you financial loss, you may have additional time limits to pursue remedies.
When to Seek Legal Advice
Consult a solicitor if:
- The insurer refuses to provide records or explain its actions
- You need help drafting a formal complaint
- You believe the insurer's conduct may breach the Motor Accident Injuries Act 2017
Legal professionals can help you navigate SIRA processes and ensure your complaint meets all procedural requirements.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.