Disputed Insurance Claims. Why Action Beats IDR
As an insurance lawyer who works exclusively for policyholders with property damage claims you know what frustrates me!?
AND also means I can help more insureds.
-
When a claim is denied by a claims officer; and
-
I act for a policyholder and contest such a claim both orally and in writing; and
The other side just does…nothing about it. No change.
Do you know why?
It’s psychology not law. They have anchored their position. Saving face means no change.
This means legal proceedings are now required. That is the only thing. ACTION!
Internal dispute resolution is almost always a total waste of time of time here because of this attitude.
Commencement of proceedings and saying ‘Nope’ I know we are right and we are going to take action is key.
See, insurers press these positions especially on sub $100k claims because they assume no action will be taken and on larger claims too.
They assume at worst the matter will proceed to AFCA and there are no legal costs consequences. Worse case scenario they will lose and save 6 months interest. Best case scenario they will save paying at all. So why would they pay voluntarily?
For claims that fall within the $100k - $1m category and above at Brockhill & Usherwood Lawyers we will consider these on a ‘no win no fee’ basis. We will run proceedings where the clam is strong. But we need to assess the claim closely and usually get further expert evidence to know more reliably the position.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Recent articles
-
A Satirical Look at How Professional Indemnity Claims Really Get Handled
Introducing Continuity Perpetuity, a fictional insurer whose proprietary claims methodology ensures every claim is perpetually considered and then vigorously defended.
-
Royal Commissions Spectacle or Genuine Reform
With Victoria's Royal Commission into major construction projects underway, the real question is not who gets called or charged. It is what actually comes out the other end.
-
Does Victorian Building Warranty Insurance Really Protect Subsequent Owners
A significant concern is emerging about the practical protection warranty insurance gives to people who buy a home after the building works are finished. Fall-Armytage brings it into focus.
-
How Domestic Insurers Use Cash Settlements to Underquote Repairs
Insurers increasingly offer cash settlements from preferred repairers that will not cover the cost of the actual repairs, and the scope of works proposed is often not enough.