After you’ve lodged your application for personal injury benefits, the insurer will send you a liability statement within 28 days. This letter will state the insurer’s decision on whether your injuries are minor, who was at fault in the accident and what payments you’re entitled to. But their decisions can be challenged, so it’s important that you check your payments and dispute them if you believe they’re wrong.
Under the new CTP scheme, anyone who’s classified as having minor injuries will only receive benefits for up to six months. Part of these benefits are called “income support payments” – which sounds remarkably similar to terms like “child support payments”, which are government benefits. But they’re not government benefits at all – they’re payments made to you by the insurer to cover your losses. So they should be based on your personal situation and the expenses or losses you’ve incurred.
Even if you’ve been assessed as having a minor injury, the fact is that some injuries can continue to worsen beyond the initial six months, and you might still need financial support while you recover.
If your application for personal injury benefits is approved, the insurer will calculate your payments under three categories, described in the following table:
|Medical and treatment expenses||
|Income Support Payments||
If you’ve been receiving benefits for injuries or time off work, and your benefits are being cut off, you’re not alone. In fact, the CTP scheme is designed so that most people won’t receive any benefits beyond six months, on the assumption they should be returning to work and their treatment should be complete.
But what if you still can’t work full time, or even work at all? And what if you need ongoing treatment?
There are two steps you can take to dispute an insurer’s decision.
|Step 1: Request an Insurer Internal Review (IIR).||
If you request an IIR, it means you disagree with the insurer’s decision to reduce or cut off your benefits and you’re asking them to review your case file again.
The letter you receive from the insurer will outline their reasons for cutting you off. You need to address each one of these reasons in your request for an IIR.
For more information on this, please see our article on The most common disputes and how to deal with them.
|Step 2: Escalate the dispute to SIRA’s Dispute Resolution Service (DRS).||
You must request an IRR before you can take your matter to DRS. The DRS will assist in one of two ways:
Now that you have more understanding of the process, you might like to proceed to our Step by step guide to checking and disputing your payments.
Read our article on the most common disputes, and how to deal with them.
Find out how you can get a solicitor to help you for free.