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Claims disputes

The Claims Assessment and Resolution Service (CARS) can help if a claim for compensation following a motor vehicle accident has been made but the injured person and the insurer can’t agree on aspects of the claims process or compensation (eg the amount).

This information does not relate to permanent impairment or treatment disputes

SIRA’s Dispute Resolution Service (DRS) delivers independent dispute  resolution services for disputes between insurers and injured people in the CTP Green Slip Scheme. This includes matters related to injuries sustained in accidents on or before 30 November 2017 assessed at the Medical Assessment Service (MAS) and the Claims Assessment and Resolution Service (CARS).

Either the injured person (or their representative) or the insurer can make an application to DRS for resolution of a claims dispute. Then the other party will have a chance to reply to that application.

How injured people can lodge a dispute application with DRS to resolve a Claims Dispute or submit a reply

  • You can lodge an application or submit a reply either online or by completing a form
  • Lodging a dispute application is free

Need help submitting your application?

If you have any enquiries before submitting, you can call DRS on 1800 34 77 88.

How to lodge a dispute application with DRS or submit a reply

Online

The fastest way to lodge your dispute application or reply is online using the SIRA DRS Portal. If you use the Portal, DRS will receive your application immediately. You can also view documents related to your application and follow the progress of your application in the Portal.

Learn more about the SIRA DRS Portal

Your lawyer can also lodge an application or reply on your behalf using the DRS Legal Portal.

Using a form

If you prefer to fill in a form and send it to DRS, you need to use one of the following forms.

Application forms:

If you need more space to list extra documents on your form, use this extra document information form. Continue the numbering and attach it to your application.

Reply forms

You must send a copy of your completed application or reply form and all supporting information to us as well as the other party.

Please send your form and supporting information to DRS at:

Dispute Resolution Service (DRS)
State Insurance Regulatory Authority
Level 19, 1 Oxford St,
Darlinghurst NSW 2010
Or DX 10 Sydney

How insurers can lodge a dispute application with DRS to resolve a Claims Dispute or submit a reply

Insurers must use the DRS Insurer Portal to lodge all dispute applications and submit replies.

Learn more about the DRS Insurer Portal

Access the DRS Insurer Portal

What happens next?

The claims assessment process

After DRS receives your application or reply form, we will review it and, in most cases, allocate it to a DRS claims decision maker.

A DRS claims decision maker is an independent lawyer and decision maker with expertise in assessing compensation and resolving disputes in motor accident claims.

After reviewing all the information, the DRS claims decision maker may ask you and the other party to take part in an assessment conference.

An assessment conference is a conference-style hearing, where your claim or dispute will be assessed by the claims assessor.

The claims decision maker may ask you (and any witnesses) questions about your claim or your dispute.

The claims decision maker will also review all information and documentation provided and discuss them with you and the insurer.

You may be asked to provide additional information if the claims decision maker thinks it's necessary.

After the assessment conference is finished, the claims decision maker will consider all the available documentation and make a decision about your dispute.

The claims decision maker will provide a certificate setting out the decision and the supporting reasons.  In most cases the certificate and reasons will be sent within three weeks after the assessment conference.

Everyone’s situation is different and the information above is general in nature.  We encourage you to contact us so we can talk you through the process and answer any questions you might have. You can also read these fact sheets:

Further information

Claims decision makers

Claims decision makers are independent DRS decision makers appointed to make impartial determinations of claims disputes.

The lists of claims decision makers is available here.

Assessment locations

DRS hold assessment conferences at various locations and venues across Sydney, as well as in rural and regional NSW and even outside the state.

Click on this drop down for a list of approved locations

Click on this drop down for a list of approved locations

  • Albury
  • Armidale
  • Bathurst
  • Bega
  • Broken Hill
  • Byron Bay
  • Campbelltown
  • Canberra
  • Coffs Harbour
  • Cowra
  • Dubbo
  • Forbes
  • Forster
  • Glen Innes
  • Gosford
  • Goulburn
  • Griffith
  • Lismore
  • Lithgow
  • Maitland
  • Muswellbrook
  • Newcastle
  • Nowra
  • Orange
  • Penrith
  • Port Macquarie
  • Queanbeyan
  • Sydney *
  • Tamworth
  • Taree
  • Wagga Wagga
  • Wollongong
  • Young

* Sydney assessments are generally held at the SIRA offices at: level 21, 1 Oxford St Darlinghurst.

Assessments in rural or regional NSW are generally held in government offices or other suitable venues.

CARS Claims Assessors determine the location and venue of the assessment conference taking into account the views of the injured person and the insurer.

Administrative law challenges to decisions

Decisions made by CARS claims assessors are potentially subject to administrative law judicial review in the NSW Supreme Court. See decisions for more information.