If you had an accident on or after 1 December 2017 your personal injury claim is covered by the Motor Accident Injuries Act 2017.
What is a dispute
A dispute occurs when there is a disagreement with an insurer’s decision.
When you receive a decision from an insurer that you are not happy with, you can first request an Insurer Internal Review (IIR).
If you continue to have a dispute with the insurer over benefit claims or damage claims, you may apply to the Dispute Resolutions Service (DRS) to assist in the resolution or independent determination of your dispute.
Services provided by DRS
If you disagree with a decision your insurer has made about your claim, DRS can assist in resolving your dispute in one of two ways:
- Facilitate the understanding of issues in dispute between insurer and injured persons to mutually resolve these disputes.
- Arrange an independent and binding decision by an expert assessor.
DRS assessment services and examples of disputes
While there are many types of issues that may be in dispute, there are four broad categories which DRS uses to categorise and assess your dispute.
Who can lodge a DRS application to resolve a dispute
Time limits may apply to lodging an application once the insurer's decision is made.
- Anyone over 18 years old, or representing an injured person, can apply.
- Insurers can also lodge a DRS application via the Insurer Portal
- You can apply online, in person, over the phone or by email.
- Lodging a dispute application is free.
How to lodge a DRS application online
The fastest way to lodge your application is online using the SIRA Dispute Resolution Services portal. The portal also allows you to follow the progress of your application through to completion.
- Login/Register an account with Service NSW. Click here to watch an instructional video on preparing to lodge a dispute application.
- Add the ‘SIRA Dispute Resolution Services portal’ service to your Service NSW dashboard
- Enter the ‘SIRA Dispute Resolution Services portal’ from your Service NSW dashboard
- Complete the DRS application providing as much detail about your dispute as possible, including when the decision of the insurer was made, what parts of the decision you disagree with, and what you would like the decision to be. Click here to watch an instructional video on how to lodge your dispute application.
- Upload any documents you want to rely on, such as the original decision.
How to lodge a DRS application by email, post or in person
- Download the DRS application form (pdf)
- Complete the form and attach your supporting documentation
- By email: firstname.lastname@example.org
- By post: Level 19, 1 Oxford St, Sydney; DX10 SYDNEY
- In person: Level 19, 1 Oxford St, Sydney – 9am to 5pm Monday to Friday.
If you have any enquiries before submitting, you can call us on 1800 34 77 88
What happens next
Once you've completed and lodged your DRS application:
- Notification and Reply: A notification with instructions will be sent to all parties to acknowledge that a DRS application has been received by us. The notification will also give the insurer an opportunity to provide a reply.
- Requesting Information: A Dispute Resolution Officer (DRO) will contact the parties in dispute and may request additional information. The DRO will be your contact for the dispute resolution process. You will be given their contact details and a DRS matter number.
- Resolution: The DRO will assist the parties in clarifying and resolving the dispute directly between the parties.
- Determination: If no resolution can be reached between the parties, an independent DRS decision maker will be appointed to provide a decision for the issue in dispute.