---
title: "Ask an NSW insurer to review a motor-accident benefits decision"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/ask-the-insurer-to-review-a-benefits-decision-before-any-external-disput/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-6-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Ask an NSW insurer to review a motor-accident benefits decision

> From the decision and the date it was received, set out the 28-day request, what the request must identify, and the notification period in section 7.9(4) and guideline 7.25.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/ask-the-insurer-to-review-a-benefits-decision-before-any-external-disput/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the decision and the date it was received, set out the 28-day request, what the request must identify, and the notification period in section 7.9(4) and guideline 7.25. Do not send the request, and do not treat the review as staying the decision. |
| What the lawyer must review | Decide whether to request the review, and settle anything sent. A request after 28 days may be accepted or declined in writing. The review does not stay the decision. Count the insurer's time from receipt of the request. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Ask the insurer to review a benefits decision before any external dispute](https://ailawframework.com/practice/personal-injury-and-compensation/ask-the-insurer-to-review-a-benefits-decision-before-any-external-disput.md) |

## Checking plan

**Verify against sources**

The lawyer asks for an internal review before any Commission application, on the clocks the guidelines and section 7.9 state.

- What the AI does: From the decision and the date it was received, set out the 28-day request, what the request must identify, and the notification period in section 7.9(4) and guideline 7.25. Do not send the request, and do not treat the review as staying the decision.
- What the lawyer does: Decide whether to request the review, and approve the request that is sent.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. For an accident on or after 1 December 2017, guideline 7.1 says the dispute process begins with an internal review, and a Commission application follows if that review does not resolve the matter. Section 7.19(2A) does not require an internal review before a medical dispute about the degree of permanent impairment is referred for assessment.
2. The request is made within 28 days of receiving the decision, by the approved form, the online process, a letter or telephone. It identifies the decision, the alternative decision sought and the issues.
3. The insurer notifies the result within 14 days of receiving the request, unless guideline 7.25 gives longer: 21 days for permanent impairment, a threshold injury, fault, mostly at fault, a serious driving offence, or contributory negligence. New information is 14 days after that information is provided. The maximum is 28 days after the request. The review may consider information that was not before the original decision.
4. Section 7.9(7) says the review does not stay the decision. A late request may be declined, and the decline must say the claimant may refer the dispute to the Personal Injury Commission.

## Notes

- This is the motor-accident internal review. It is not the workers compensation dispute path and it is not the Independent Review Office.

## Practical guide

Jurisdiction: Personal Injury Commission motor-accident stream, after an insurer internal review, for an accident on or after 1 December 2017

**Deliverable**: A review request ready for the lawyer to send, with the 28-day and 14-day dates.

**Inputs**

- Decision notice and the date it was received
- The alternative decision sought
- The issues the lawyer marks

**Example**: Illustrative example: Weekly payments are refused and the notice is received on 1 April. The tool dates a request by 29 April and states that the review will not stay the refusal. The insurer's notice period is 14 days, or 21 days if guideline 7.25 applies, and not more than 28 days after the request. It does not send the request.

**Stop and escalate when**

- The accident date is before 1 December 2017.
- The date the decision was received is not known.

Checked 2026-10-23.

## Sources

- [SIRA Motor Accident Guidelines Part 7](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/motor-accident-guidelines/part-7-of-the-motor-accident-guidelines) (checked 2026-10-23)
- [Motor Accident Injuries Act 2017 (NSW) section 7.9](https://classic.austlii.edu.au/au/legis/nsw/consol_act/maia2017245/s7.9.html) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*