If you're in regional NSW and have concerns about how an insurer handled your motor accident claim, understanding what evidence to keep is critical. The NSW government's State Insurance Regulatory Authority (SIRA) oversees insurer conduct, and its guidance outlines specific record-keeping requirements. This article explains what evidence insurers must retain when handling complaints, how SIRA's rules apply, and steps to take if you believe an insurer has failed to comply.
What Evidence Must Insurers Keep for SIRA Complaints?
Under NSW CTP rules, insurers must retain records to demonstrate compliance with SIRA's requirements. This includes:
- Correspondence with claimants, such as emails, letters, or forms
- Claim records showing the insurer's assessment of injuries, treatment, and benefits
- Documentation of communication with medical practitioners or other professionals
- Internal notes about claim decisions, including reasons for delays or rejections
SIRA's guidance (https://www.sira.nsw.gov.au/claims/motor-accidents) states insurers must keep these records for at least 5 years. If an insurer fails to retain evidence, it may weaken its ability to defend its actions during a complaint.
How SIRA's Guidance Applies to Insurer Complaints
SIRA's Motor Accident Claims page (https://www.sira.nsw.gov.au/claims/motor-accidents) outlines that insurers must:
- Provide claimants with a written explanation of decisions
- Allow access to records relevant to the claim
- Respond to complaints within 21 days
When a claimant raises a complaint, the insurer must document its response. If the insurer's actions appear to breach these rules, SIRA may investigate. Claimants should request copies of all records related to their claim to verify compliance.
Practical Steps for Claimants in Regional NSW
If you're in regional NSW and believe an insurer has mishandled your claim, take these steps:
- Request written confirmation of the insurer's decision and the reasoning behind it
- Keep copies of all correspondence with the insurer, including dates and details of phone calls
- Document the condition of your vehicle and any repairs, as this may affect benefit calculations
- Seek medical records that clearly outline your injuries and treatment
- Submit a formal complaint to SIRA using its online form or by post
For example, if an insurer refuses to pay for a treatment you've been advised is necessary, you should request the insurer's written explanation. If the insurer's response lacks clarity or appears to ignore medical advice, this could support a complaint to SIRA.
Time Limits and When to Seek Advice
While SIRA does not specify a strict deadline for complaints, it's important to act promptly. Delays may reduce the chances of resolving disputes, especially if evidence is lost or becomes outdated. If you're unsure whether an insurer has followed the correct process, contact SIRA directly for guidance. Legal advice may also be necessary if the insurer's actions appear to breach the Motor Accident Injuries Act 2017.
Next Steps
CTP claims in regional NSW depend on accurate record-keeping and timely action. If you're unsure whether an insurer has followed SIRA's requirements, it's important to request all relevant documents and seek clarification. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.