Have you had your TPD claim denied or a rejected insurance claim? It is vital that you seek expert legal advice when an insurance company refuses to payout. A skilled insurance claim lawyer will know the next steps to reverse their decision. It costs nothing to know where you stand.
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You shouldn’t panic if your insurance or TPD claim has been denied. You are not required to accept their opinion and have the option of taking legal action. There are ways to contest your insurer’s judgment and have their decision overturned so you can receive benefits.
Any insurance claim denial has options for appeal, including:
Insurance companies are required by law to pay out claims fairly and promptly. So why do some people still choose to hire lawyers to handle their insurance disputes? Most insurance claims settle quickly because they are simple and straightforward. However, more significant cases where liability is difficult to establish will likely be contested by the insurance company. In this situation, the insurer can seek to deny or minimise your insurance payout. The potential for dispute can happen when:
For almost three decades, Splatt Lawyers began assisting Queenslanders in overturning insurance claim denials. Because of our extensive experience, many of our insurance claims are settled without litigation. Suppose your insurance denies your benefits. In this situation, we will defend your claim and seek to have their decision reversed without resorting to litigation (which can be stressful, expensive, and not consistently successful).
Every insurer and superannuation fund has an established appeals mechanism that routinely handles these issues. To progress your matter, we may require additional proof or documentation to substantiate your claim. Also, be aware Super funds have time restrictions to respond to your appeal. Therefore, you may not have a long wait for a response.
When your insurance claim is denied, chat with one of our experienced insurance claim lawyers. They will find the best legal strategy for your case. There is no charge for your case review.
Contact our expert legal team immediately if you are disputing the outcome of a TPD or Income Protection claim, as time limits may apply. Taking immediate action will give you the best chance of success.
We seldom challenge insurance claims in court. We would not litigate your claim unless you instructed us to do so. Additionally, there are time constraints for court claims.
It is possible to bring a court case against only your insurer or both your insurer and superannuation fund for a denied insurance claim. Court procedures vary across states and from jurisdiction to jurisdiction.
The litigation process usually works like this:
Litigation may be stressful and expensive, as well as time-consuming. It can compel your insurer to give your case careful attention. If your court case is successful, you may be entitled to extra damages. However, there is no assurance of success.
Our experienced insurance denial claim lawyers will:
Hiring a lawyer to negotiate with the insurer makes your case more likely to succeed. An experienced insurance solicitor understands insurers’ tactics to minimise or reject legal claims. For example, if they know you have a valid case, they will make an initial low ball offer hoping you are naive or desperate and settle quickly. Having an expert personal injury claim lawyer on your side will give you the best opportunity of getting the insurance payout you deserve.
Insurers have a reputation for delaying payments and refusing to pay legitimate claims. When this happens, it’s essential to know how to handle the situation. You don’t want to give up too much information about yourself, but there are some things you should include in your documentation. Here are some handy tips for dealing with an insurance company.
Keep copies of every letter you send to the insurance company and a copy of each response. These documents include letters sent via fax, email, regular mail, or even snail mail. Keep track of all phone calls and meetings, as well. Try calling again later if you’re having trouble getting through to someone.
Tell them to stop if the insurer refuses to settle, threatens to deny your claim, or tries to drag out the claims process. They’ll likely ignore you and continue to delay payment. Instead, write a formal complaint letter and submit it to the state insurance department. Tell them exactly why you think the policyholder isn’t paying up.
You don’t know when something might come up later. For example, if you had a conversation with an insurance adjuster about a claim and he mentions another issue, take note of that fact.
Insurance companies often reject claims because of non-disclosure, suspicious activity, exclusions, conditions, or suspicions of fraud. In some cases, it may be that they do not believe you. But even if they accept that you had nothing to do with the cause of the loss, they may still be able to find something else wrong with your claim.
If you think your claim has been unfairly denied, contact Splatt Lawyers today. We specialise in helping people like you fight insurance denials. Our lawyers have extensive experience handling insurance disputes. We will help you understand your legal options and chances of success at no charge.
Splatt Lawyers have championed our clients’ legal claims for more than 28 years. Kerry Splatt leads our legal team. Kerry is an Accredited Specialist in Personal Injuries Law. When you choose us to manage the dispute with your insurer, you can be confident you are receiving qualified, informed legal insights with a high chance of success. We would love to hear your story and show you how we can assist.