Insurance Claim Litigation Lawyers in Melbourne, Sydney & Brisbane

Insurance Claim Litigation

Insurance is supposed to be your safety net when things go wrong, so what happens when your insurance company doesn’t pay out your claim?

On top of the event that caused you to call on your insurance policy, a rejected claim can have a devastating impact on your family’s or businesses finances. There is often a personal and emotional toll a denied claim takes following an event.

Getting knocked back by your insurance company isn’t necessarily the end of the story. You may be able to take action and get the pay-out you deserve.

At PCL Lawyers, we can review and discuss your case with you and come up with the best course of action in your particular circumstances.

There are multiple ways we can assist:

help you navigate your insurance company’s internal dispute resolution processes to resolve the dispute directly
consider approaching the Financial Services Ombudsman
if all else fails, commencing court proceedings against your insurance company.

Our lawyers in Melbourne, Sydney and Brisbane are highly experienced and can give you practical, helpful assistance and advice to resolve the situation quickly. We look to get the best outcome for you.

We can help you in claims involving all types of insurance, including:

home and contents insurance
motor vehicle insurance
business insurance
income protection & superannuation
travel insurance
sickness & accident insurance
trauma insurance
total & permanent disability insurance
death benefits insurance.

Contact our insurance lawyers

Simply contact our insurance lawyers in Melbourne, Sydney or Brisbane by calling 1300 907 335 or complete the enquiry form on this page.

Frequently Asked Questions

What can I do if my insurance claim is denied?

If your insurance claim is denied, you have several options. Firstly, you should review your policy terms carefully in order to understand if the denial is based on an exclusion or condition. If you think that the denial is unjustified, you should lodge a formal internal complaint with the insurer.

If the internal complaint fails to resolve the issue, it can be escalated to the Australian Financial Complaints Authority, as it provides free external dispute resolution. If this also fails, you can initiate legal proceedings against the insurer, as a last resort. As each stage of the process is time bound, it’s better to act promptly.

How long does an insurance company have to respond to a claim?

The timeframe for insurance companies to respond to claims varies on the basis of type of insurance and complexity of the claim. The service standards are set by the General Insurance Code, and member insurers are required to meet those standards. It also includes timeframes to acknowledge the claims and communicate decisions accordingly.

What is the Australian Financial Complaints Authority (AFCA)?

AFCA, the Australian Financial Complaints Authority is an independent external dispute resolution body authorised by the government to handle complaints about financial services, including insurance. AFCA looks into denied claims, delays in claim handling, and disputes over how a policy should be interpreted.

Can I dispute an insurance claim decision?

Yes, and more people should know this. Insurers are not the final word on their own decisions. If you disagree with the outcome, the place to start is the insurer’s own internal dispute resolution process. It sounds counterintuitive, but it is a necessary first step before escalating further. If that doesn’t resolve things, AFCA offers an independent review at no cost, and insurers are bound by its determinations up to applicable limits.

What types of insurance disputes do litigation lawyers handle?

Insurance disputes come in many forms, and our litigation lawyers at PCL work across all of them. Some of the most common matters they handle include:

Claims denied on the basis of policy exclusions or alleged non-disclosure.
Valid claims that have been underpaid without adequate justification.
Disputes over how policy terms should be properly interpreted.
Business interruption claims where insurers have refused or significantly limited coverage.
Professional indemnity disputes where the insurer is challenging the circumstances of the claim.

Client Testimonials What Some of Our Clients Say..

I appreciate your time and effort and thank you for your prompt response and professionalism. I would not hesitate to use your services again and refer PCL Lawyers to others.

Lisa G/Bentleigh

Thank you so much for your assistance. Should I ever have the chance to recommend you I will do so.

Morgan S / Melbourne

Out of speaking to two other lawyers you were the only one to give me any genuine advice.

Tiffany J / Melbourne

If I had of gone to another law firm that was cheaper I may have saved many thousands of dollars but as it turns out I may have lost a lot more than that upon settlement. Using a firm such as PCL lawyers I had the peace of mind that each issue as it arose was dealt with in a very matter of fact way and to the letter of the law.

Brett Wilson / Glen Waverley

PCL did a great job in advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service

Branden L / Melbourne

Excellent Service. PCL Lawyers did a great job advising me about my rights and protecting my name and business goodwill. I can absolutely recommend this very professional service.

Branden L / Ravenhall

Emma and the team from PCL were nothing short of astounding whilst dealing with an unprecedented situation. The ability shown to combat opposing lawyers and still provide sound legal advice well within the interests of their client was exceptional. Will be recommending and using again.

Tom G

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