It often helps to get an independent experts with recognised qualifications, skills, and experience to express a competent opinion on the issues in your case.
The expert evidence barrier
There are well-known and acknowledged barriers related to expert evidence, including difficulties in people obtaining and presenting the expert medical evidence that is crucial to resolving most ACC disputes. This puts many injured people at a comparative disadvantage.
In practical terms, nearly all claimants face barriers to accessing expert evidence before they can use the dispute resolution process. This continues once people lodge review applications. The most certainty that can be agreed upon with ACC (or determined by a reviewer) is that further evidence is required. In these cases the client and ACC need to work together to agree on an assessor, the questions to be answered, and how this will be funded. There can also be issues around the independence of the assessor. This means that even if the assessor is correct, people can perceive them to lack independence because they are funded by ACC.
We have worked with The Know Co to develop access to:
Access to an early neutral technical specialist reports where we use an independent, neutral person to evaluate your case and make recommendations in relation to expert evidence.
Access to expert evidence so people involved in disputes can make decisions about the dispute based on independent expert evidence.
The use of a digital system to improve access to justice.
The Expert Evidence Pilot
In 2024 and 2025 our Advocacy Service worked with The Know Co. Ltd to pilot an expert evidence process. The reason we are doing this is to understand:
whether independent expert evidence helps ACC and claimants achieve sustainable resolution, for example, is it substantially helpful in achieving resolution of the dispute, and
does the timing of this expert evidence process impact on achieving this sustainable resolution, for example, is the evidence best obtained in the course of the advocacy process following an early neutral evaluation, or is the best done after a consensus-based meeting as part of a resolution agreement.
The expert evidence process is now available to be used by ACLaw clients. The cost of this service will be discussed with you.