Insurance Lawyers Sydney

The timeline for disputing a claim depends on the insurance policy. Many policies require disputes to be lodged within 30 days, while others allow several months. Act quickly to ensure you don’t miss any important deadlines.

If your insurer’s decision doesn’t change after an internal review, you can escalate the matter to the Australian Financial Complaints Authority (AFCA) or pursue court action. We can guide you through either process.

At Chamberlains, we work on a no-win, no-fee basis for most insurance dispute cases, meaning you only pay if we successfully resolve your case. This helps minimise legal fees.

Yes, you can dispute an underpaid insurance claim. If the compensation offered by your insurance company does not reflect the full value of the damage, we can help challenge the claim outcome.

Even if you’re missing supporting documents, we can assist in obtaining alternative evidence to support your case. We’ll work with you to help support your claim with relevant proof.

Yes. Under the duty of disclosure, you are obligated to provide accurate information. Non-disclosure or misrepresentation can lead to denied claims, policy cancellation, or other complications. Our insurance team can advise on how to provide full disclosure and avoid policy breaches.

If a policy term is unclear, the interpretation should favour the consumer. AFCA and courts often interpret ambiguities in favour of policyholders, especially where terms are difficult for an average consumer to understand. An expert insurance lawyer can offer strategic advice on navigating these disputes.

If you’re dissatisfied with an AFCA decision, you can pursue legal action. However, once AFCA has made a determination, legal avenues may be limited, so it’s essential to seek legal advice early.

When a policy lapses, coverage ends. Some insurers provide a grace period, but after this, the policy may terminate, meaning you cannot claim for events that occurred during the lapse. Insurance law firms can assist with issues related to lapses, non-disclosure, and reinstatement options.

You may negotiate directly with the insurer, provide further evidence, or hire an independent appraiser to evaluate the loss. If this fails, the dispute can be escalated through AFCA or court proceedings.

The ICA represents the insurance industry and provides consumer resources, advocacy, and guidance on best practices. While it does not resolve disputes, it offers general advice and policy updates.

Yes. ASIC has established additional regulations for life and health insurance, focusing on transparency, fairness, and claims handling. Life insurers are also required to meet specific financial and ethical standards under APRA’s regulations.

In addition to the insurer’s PDS (Product Disclosure Statement), ASIC’s MoneySmart website offers consumer resources, as does the AFCA website. The ICA and legal aid organisations also provide guidance.

Yes, additional or supplementary insurance policies are available to cover gaps. Many people purchase “top-up” policies, especially for travel, health, or vehicle insurance.

Review your policy annually and when you experience life changes (like buying a new home or car, having children, or changes in employment), update the policy to maintain adequate coverage.

Under most policies, your insurer has the right to decide whether to cash settle, repair or replace. The decision will depend upon the nature and extent of the damage.

If your insurer is conducting an investigation into your claim, they must only investigate matters that are relevant and necessary to the claim, and must do so in an appropriate and respectful manner. Investigators must only collect information that is reasonably relevant to the investigation. Some information that is commonly requested includes bank statements, telephone records, driving records. If you have concerns about the nature of the information being requested from you, you should ask your insurer to explain why the information is relevant

Yes, you will still be covered if you are paying your instalments on time. Your insurer cannot cancel your insurance policy for non-payment without providing you with written notice at least 14 days before cancellation.

• An insurance broker is required to act in the best interests of its clients. All brokers must comply with a code of conduct as members of the National Insurance Brokers Association of Australia (“NIBA”). As part of the NIBA, Insurance Brokers are expected to review its clients’ policy of insurance, advise on changes that may have an affect on its clients and must do what is necessary to ensure that its clients are in compliance with their insurance, whether it be fulfilling disclosure requirements or ensuring that an insured’s premiums are paid on time.
• As there is a requirement for insurance brokers to act in the best interests of their clients, those interests must comply with all relevant laws, there must be transparency to manage conflicts of interest that may rise. There are various other service standards to must be complied with and this can be found under the NIBA Code of Practice.
• An insurance broker is required to assist its clients in identifying risks and explain terms or conditions, benefits, costs associated with insurance policies or discuss exclusions that may affect an insured’s compliance with its policy of insurance.