Aitken Whyte Lawyers Gold Coast has a large amount of experience dealing with insurance claims and disputes with insurers. Our lawyers have an extensive understanding of the insurance industry and their business practices, and our previous clients include both claimants and insurance companies.
We understand and are familiar with how the claims process works, and how insurance companies tend to deal with these disputes and why. Our knowledge means that we offer professional, cost-effective advice to assist you in achieving the best possible outcome in your insurance claim.
The initial step in an insurance claim is usually to lodge a complaint with the insurer themselves. Making an insurance claim internally will first be done to a claims manager, with a short turnaround of generally no more than a week.
If this is still unsatisfactory, you can pursue the complaint through the company’s official internal dispute resolution (IDR) process. The insurance company may require further information, but once it is supplied they will then make a decision, usually within or around 15 days. Insurance regulations mean that the majority of licensed companies are required to offer internal dispute resolution, and we can guide you through this process to attempt to settle the matter – and deliver a favourable outcome for you – as early as possible.
The next step, if the IDR response from the company is still unsatisfactory, as a cost-effective method is to seek external review of their decision. As per insurance requirements, most companies will be a member of an external dispute resolution body such as the Financial Ombudsman Service (FOS) or the Credit and Investment Ombudsman (CIO).
If you apply to FOS or CIO within 3 months of the insurer’s final decision, they will review the matter and provide a determination, that unless you accept it, will not be binding upon you. If this is still not a favourable outcome, or if you do not wish to pursue the matter with an Ombudsman, litigation is still available to you and we can assist with this process also.
Your rights to review of the decision, and steps taken to pursue your claim, will depend on the type of insurance, whether the insured was an individual or a business entity, and the level of the claim. For example, the Financial Ombudsman Service does not have jurisdiction to award claims over a certain amount, and generally does not hear commercial insurance claims. In the event of this, your case may be better pursued through the court system. Depending on the circumstances of your situation, Aitken Whyte Lawyers on the Gold Coast will advise and assist you with the steps in your insurance matter.
Gold Coast
Aitken Whyte Lawyers
Level 6, 9 Lawson St, Southport
Ph: +617 5596 9099
E: enquiries@awgoldcoastlawyers.com.au
