Factual investigation request
Do I have to give the CTP insurer a recorded statement or attend an interview?
Do not ignore the request, but first ask why it is needed and how it will be conducted
A NSW CTP insurer may conduct a factual investigation about the accident or claim. The Motor Accident Guidelines regulate claimant interviews and require investigations to be appropriate to the actual issues, using a less intrusive source where the information can reasonably be obtained that way. Whether a particular request must be complied with depends on its purpose, scope and the claim stage. Obtain the request in writing and legal advice before declining, because cooperation duties can have consequences.
A factual interview is not a medical examination and an investigator should not give a medical opinion. It may cover the accident, prior statements, employment, activities, treatment history or claimed loss. An interview can help clarify a genuine issue, but a long, unfocused or repetitive request should not be treated as automatically reasonable merely because an insurer asks for it.
Preparation does not mean rehearsing a favourable story. It means reviewing reliable records, identifying what you do not remember, correcting known errors and understanding the purpose and recording arrangements. Guessing to fill a gap can create a larger credibility problem than saying that a detail is not recalled.
Reviewed by Herman Chan, Stephen Young Lawyers
What safeguards apply to an insurer investigation?
Guidelines clauses 4.142-4.144 require the insurer to consider whether investigation is needed, ensure it is appropriate to the issues and use it only where the required information cannot be obtained by a less intrusive means. If an external investigator is engaged, the insurer must ensure the investigator holds the required licence.
Clause 4.145 applies the investigation-interview provisions of the General Insurance Code of Practice with specified modifications. Among them, a single interview may last up to 120 minutes rather than 90 minutes. The Guidelines take precedence if inconsistent with the Code. These rules do not turn every requested interview into a compulsory event; the precise legal basis and reasonableness still need assessment.
What should I ask before agreeing?
Ask who will conduct the interview, their role and licence details where relevant; the issues and date range; expected duration; whether it will be audio or video recorded; who will attend; whether breaks are available; and whether a copy, recording or transcript will be supplied. If communication, disability, fatigue or psychological symptoms affect participation, raise the required support in advance.
Ask whether the same information is already in the police report, claim form, employment records or medical history. A targeted clarification may be more proportionate than a broad interview. If represented, send the request to the lawyer promptly. Do not assume a representative can attend without confirming arrangements, but do not be pressured into an immediate unprepared interview either.
How should questions be answered?
Listen to the complete question and answer only what you understand. Distinguish personal memory from what another person later told you. Use approximate language where a time, speed or distance is genuinely estimated. If a question contains an incorrect assumption, say so. If you need a record to answer accurately, ask to check it.
Medical symptoms should be described in ordinary factual terms, including variability and function. Do not exaggerate and do not minimise. If an earlier form or statement contains an error, identify it and explain the correction. The interview is evidence and may be compared with later medical reports, witness statements, tax records, social media or surveillance.
Practical next steps
A safe preparation sequence
Clarify the request and the record before deciding how to respond.
Obtain the written request
Ask for purpose, topics, legal basis, investigator details, proposed format and recording arrangements.
Review prior accounts
Read the claim form, police report, early medical history and any statement already given. List genuine errors or uncertain details.
Address support needs
Request an interpreter, accessible format, breaks or other reasonable arrangement where needed. Explain the functional reason without unnecessary personal detail.
Get advice on scope
Have a lawyer assess whether the request is relevant and reasonable and how any cooperation duty applies before refusing or imposing conditions.
Preserve the interview record
Ask for the recording, transcript or statement and check it promptly. Notify material transcription or factual errors in writing.
Evidence
Documents to review
Use contemporaneous records to avoid relying on a reconstructed memory.
- Insurer interview request and stated purpose.
- Claim form, police report and any prior signed or recorded statement.
- Scene photographs, dashcam and witness information.
- Early medical histories and Certificates of Fitness.
- Employment and earnings material relevant to the stated issue.
- A chronology of major treatment, work and functional changes.
- Correspondence arranging interpreter, accessibility or breaks.
- Recording, transcript or investigator statement after the interview.
What to avoid
- Do not participate in an unexpected substantive interview during an ordinary claim-administration call.
- Do not guess speed, distance, dates, diagnoses or earnings figures to make the answer sound complete.
- Do not sign an investigator's statement without reading every page and correcting errors.
- Do not secretly record or publish the interview without obtaining advice about applicable law and agreed arrangements.
- Do not ignore a formal request. Ask for clarification and advice about reasonableness and consequences.
Timing
Respond promptly without being rushed
The insurer may set a response date, but the reasonableness of the request and time allowed depend on the circumstances.
- Acknowledge the request and ask for missing details rather than remaining silent.
- If a decision or PIC direction sets a deadline, obtain advice immediately; an interview negotiation does not pause that period.
- For damages claims, disputes about whether a cooperation request is reasonable can be a merit-review matter under the current Regulation.
- In PIC proceedings, comply with Commission directions unless varied. A party cannot replace a formal production or evidence process with private assumptions.
Frequently asked questions
- Can the insurer record the interview?
- It may propose a recorded interview. Obtain the recording arrangements in advance and ask whether a copy or transcript will be provided. The specific request and investigation safeguards should be reviewed.
- Can I have a lawyer present?
- Ask the insurer to confirm attendance arrangements and obtain advice before the interview. If represented, send the request to the lawyer promptly rather than arranging it independently.
- Can I use an interpreter?
- Raise the need before the interview so an appropriate independent interpreter can be arranged. A family member may not be suitable for a formal evidentiary interview.
- What if I cannot remember a detail?
- Say that you do not recall. If a document might refresh your memory, identify it. Do not turn an estimate into a confident fact.
- Can the investigator ask medical questions?
- They may ask factual questions about symptoms, treatment and function, but a factual investigation is not to provide a medical opinion. Medical disputes use clinical evidence and the applicable assessment process.
- What if the transcript is wrong?
- Identify the exact passage and send a prompt written correction. Keep the original record and the correction together rather than editing the transcript yourself.
Related NSW CTP guides
Official sources
- Motor Accident Injuries Act 2017 (NSW), current in-force version
- SIRA Motor Accident Guidelines, current published version
- SIRA Motor Accident Guidelines Part 4: claims
- SIRA: resolving a motor crash compensation dispute
The legislation and official guidance linked above are the public-source basis for this page. The correct response depends on the accident date, the type of claim, the insurer communication and the evidence already supplied.
Interview request
Understand the scope before giving recorded evidence
Send the interview request, prior statements and insurer reason. We can identify the relevant cooperation issue, safeguards and preparation needed.
General information only: This page explains the current NSW motor accidents scheme in general terms and is not legal advice. It does not guarantee claim acceptance, continued benefits, a review outcome or damages. Keep acting on any stated time limit while obtaining advice.