If you're in Bankstown and have a complaint about an insurer under the NSW Motor Accident Injuries Act 2017, understanding common errors can improve your chances of a successful outcome. This article explains the SIRA complaint process, highlights frequent mistakes, and outlines steps to avoid them.
What Are Common Mistakes When Filing a SIRA Complaint?
Residents of Bankstown often make errors that delay or derail their SIRA complaints. Key mistakes include:
- Failing to provide sufficient evidence: SIRA requires detailed records such as medical reports, accident statements, and correspondence with the insurer. Without these, complaints may be dismissed as incomplete.
- Missing deadlines: SIRA has strict time limits for lodging claims. For example, claims for injuries must typically be submitted within 52 weeks of the accident, though exceptions exist for long-term injuries.
- Not following the correct procedure: Complaints must be submitted via SIRA's online portal or by post, not directly to the insurer. Sending a complaint to the wrong party can result in delays.
- Overlooking the insurer's response: Insurers must respond to complaints within 28 days. Failing to track this timeline can lead to unnecessary disputes.
How to Avoid Errors When Submitting a SIRA Complaint
To ensure your complaint is processed efficiently, take these steps:
- Gather all relevant documents: Include medical records, accident reports, witness statements, and any correspondence with the insurer. For example, if your claim involves a soft tissue injury, ensure you have documentation from a medical practitioner confirming the diagnosis.
- Submit your complaint promptly: Check the 52-week deadline for injuries and the 28-day response timeframe for insurer replies. Use SIRA's online portal to avoid postal delays.
- Be specific about your claim: Clearly outline the issue, such as denied treatment or incorrect benefit calculations. Avoid vague statements like 'I'm not satisfied with the outcome', instead, reference specific sections of the Motor Accident Guidelines.
- Keep copies of all submissions: Retain evidence of when and how you lodged your complaint, including timestamps and confirmation numbers.
When to Seek Legal Advice
If your complaint is rejected or the insurer disputes your claim, consider consulting a solicitor. Legal professionals can help you:
- Challenge the insurer's decision based on the Motor Accident Injuries Act 2017.
- Navigate disputes over weekly benefits or treatment and care payments.
- Ensure your claim aligns with SIRA's guidelines, such as the spinal nerve-root qualification for soft tissue injuries.
Example Scenario
A Bankstown resident, Sarah, lodged a complaint after her insurer denied weekly benefits for a soft tissue injury. She failed to include a medical report confirming her injury met the threshold under the Motor Accident Guidelines. SIRA rejected her complaint as incomplete. Sarah later sought legal advice, which helped her resubmit with proper documentation.
Next Steps
CTP entitlements and deadlines depend on the accident date, injury type, and claim history. To request contact about your circumstances, complete the quick, no obligation enquiry form.