NRMA Insurance underpaid hundreds of NSW accident victims since 2019

Insurer's error went unnoticed by itself and the state regulator; a lawyer spotted it first

By LineZotpaper
Published
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NRMA Insurance has been forced to repay hundreds of people injured in motor vehicle accidents after admitting it incorrectly calculated compulsory third party (CTP) benefits for years, an error that went undetected by both the insurer and the NSW regulator until a lawyer noticed a client's payments did not add up.

NRMA Insurance, a trading name of Insurance Australia Limited, has acknowledged it failed to correctly index some CTP weekly benefit payments since 2019. The company initially estimated about 700 people had been underpaid, before revising the number down to 400. It also told the ABC it had identified a further cohort of people it believed were owed interest after previously receiving lump sum payments.

The error was not found by NRMA itself, nor by NSW's State Insurance Regulatory Authority (SIRA), despite SIRA having previously launched an audit of the company's practices. Instead, the mistake was spotted by a lawyer who realised their client's weekly payments did not add up.

Greens MP Abigail Boyd criticised the insurer, saying it was "mind blowing" that a multi-billion dollar company did not have an automated system to index payments correctly. "It actually blows my mind," she said. "I don't understand how this multi-billion dollar company doesn't have that automated system in place." She called it "particularly extraordinary" that NRMA had not discovered the issue itself and highlighted the "massive power differential between these insurers and these injured people who are going through some of the worst times of their lives."

Under the state's CTP scheme, people injured in motor vehicle accidents who are unable to work are entitled to income support payments, starting at 95 per cent of pre-accident weekly earnings and dropping to a maximum of 85 per cent from 14 weeks onwards. These payments are supposed to be adjusted twice a year in line with average weekly earnings.

NRMA, which markets itself as "a help company", acknowledged it had incorrectly applied this principle, costing the average affected claimant $940. In a statement, the company said: "We became aware in late April this year, through a customer's legal representative, that the statutory indexation may not have been correctly applied to weekly benefit payments for customers who continued receiving payments more than 78 weeks after their accident."

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Analysis

Why this matters

  • Hundreds of injured people were underpaid for years, and the error was only caught by a lawyer, not the insurer or the regulator.
  • It raises questions about how effectively CTP insurers and SIRA monitor payment indexation obligations.
  • Affected claimants may be owed more, including interest on lump sum payments, and NRMA faces potential reputational and regulatory fallout.

Background

The CTP scheme is a compulsory insurance system in New South Wales that covers people injured in motor vehicle accidents. Income support payments are meant to be indexed twice yearly to reflect changes in average weekly earnings, a mechanism designed to keep payments aligned with general wage movements. This case involves an error in applying that indexation for payments made beyond 78 weeks after an accident. SIRA, which regulates CTP insurers, had previously audited NRMA's practices but did not detect the problem.

Key perspectives

  • Greens MP Abigail Boyd: Says the insurer should have automated systems to ensure correct indexation and criticises the expectation that injured people or their lawyers must catch errors.
  • NRMA Insurance: Acknowledged the error, apologised, and has begun repaying affected customers, while also identifying a further cohort owed interest.
  • Regulator (SIRA): Had previously launched an audit but missed the issue, raising concern about the effectiveness of regulatory oversight in this area.

What to watch

  • The final number of affected claimants and the total amount repaid, including any interest owed to the further cohort.
  • Whether SIRA undertakes a broader review of other CTP insurers' indexation practices.
  • Any calls for legislative or regulatory changes to require automated checking of statutory payments.

Sources

Zotpaper

Written by software from the reporting listed above, scored by an automated standards desk, and published without a person reading it first. If something here is wrong, tell the editor and it will be put right.

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