If you're injured in a motor accident in NSW and facing issues with your insurer, you may have questions about how to raise concerns with SIRA. This guide explains the common issues injured people in Greater Sydney encounter when dealing with insurers and how to address them.
What Are Common Questions About SIRA Complaints?
- Injured people often ask:
- Can I complain about my insurer to SIRA?* or
- What happens if my claim is denied?* SIRA handles complaints about insurers' conduct, including delays, refusal to pay, or failure to provide information. You can raise concerns if your insurer is not following the Motor Accident Injuries Act 2017 or SIRA guidelines.
How to File a SIRA Complaint
To complain, visit SIRA's website or contact them directly. You'll need to provide details about your claim, the insurer's actions, and any evidence of wrongdoing. SIRA will investigate and may request additional information. Note that complaints must be submitted within 12 months of the accident date, as per the Motor Accident Injuries Act 2017.
Legal Boundaries of SIRA Complaints
SIRA cannot investigate the merits of your claim itself. It can only address whether the insurer acted unreasonably. For example, if your insurer refuses to pay for treatment benefits without a valid reason, SIRA may intervene. However, SIRA cannot award compensation or determine fault.
Practical Steps and Evidence
When filing a complaint, gather evidence such as medical records, correspondence with your insurer, and copies of your claim forms. If your insurer delayed your treatment benefits, document the timeline of events. SIRA may also request witness statements or expert opinions to assess the insurer's conduct.
Time Limits and When to Seek Advice
You have 12 months from the accident date to file a SIRA complaint. If your insurer is withholding benefits or disputing your claim, act quickly. While SIRA handles conduct issues, you may also need to consult a legal professional to explore other remedies, such as a damages claim under common law.
Example Scenario
Imagine you were in a car accident and your insurer refused to pay your treatment benefits for 12 weeks. You contacted SIRA, who found the insurer had not followed the required process. SIRA then required the insurer to pay your benefits and issue an apology. This shows how SIRA can address conduct issues, even if the claim's merits are not in dispute.
Next Steps
Time limits and procedural rules can affect your options. To request contact about your circumstances, complete the quick, no obligation enquiry form.