Insurance Lawyers Brisbane

If your insurance company is denying your insurance claim, don’t hesitate to seek help from our litigation lawyers. Taking action against them on your own can be costly and stressful. But with us on your side, you’ll get your insurance that’s rightfully yours.

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Do you need an insurance dispute lawyer?

You need insurance lawyers whenever your insurance provider refuses to honour your insurance claim.

If you don’t have the right representation, your insurer may refuse your insurance claim based on a pure technicality. You may find it difficult to compel the insurance company to change their decision.

We can help you take action against them, especially if the insurance company is continuously delaying your matter by denying your arguments and absolving themselves of any liability.

If you are involved in an insurance dispute, we are here to assist you anywhere in Australia from our base in Brisbane. Contact one of our experienced solicitors today.

Insurance Disputes We Can Resolve

We work both with individuals and businesses regarding denied insurance claims like:
  • Home building insurance
  • Boat insurance
  • Accidental death insurance
  • Total permanent disability (TPD) insurance

    How to get started

    Litigation can be complex and daunting, but we’ll make the process easier for you. Book a complimentary call today.
    1

    Tell us your
    legal matter

    Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
    2

    We’ll let you know
    where you stand

    If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
    3

    You Decide

    It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.
    1

    Tell us your legal matter

    Speak to one of our litigation lawyers via phone for free and provide the necessary details and documents so we can better understand your situation.
    2

    We’ll let you know where you stand

    If we think that you have a good argument, we’ll devise a strategy for you on how we will take on your matter, and give you legal guidance and a fee estimate. All for free.
    3

    You Decide

    It’s ultimately your decision whether to hire us or not based on the strategy and fee estimate we gave you. There’s no obligation and no pressure to proceed.

    Why Gibbs Wright

    Our team of litigation lawyers are committed to protecting your rights and getting the best possible outcome for your situation.

    What we do is very simple: we sue people, defend people when they get sued and negotiate resolutions to disputes to prevent proceedings from commencing. It’s the only thing we do and we do it really well.

    Having done this for many years, we know the law and the legal processes like the back of our hands. But more importantly, we know how to win. No matter the industry you’re in or how complex your situation is.
    When we take on your legal matter, you know that our team of expert litigation lawyers will fight for you not just for the sake of it. We will fight relentlessly so you can get back to business as soon as possible.  

    Hear it from our satisfied clients

    Expert litigators, ready to fight for you.

    Frequently Asked Questions

    • Why are insurance claims denied?

      Because insurance companies aim to maximise profits, the fewer claims they pay out, the bigger the profits.

      There are several reasons an insurance claim may be denied, including non-disclosure, exclusion clauses, fraud, policy cancellation and non-insured loss.

      Non-disclosure

      When an insured party fails to disclose every matter known to them that is relevant to the insurance company’s decision as to whether or not they will agree to provide you cover, that failure to disclose material information may be classified as an act of non-disclosure and permit the insurance company from denying your claim. However, not all non-disclosure is significant enough to allow an insurer to deny your insurance claim. Gibbs Wright can assess whether you have an argument to review a decision made against you based on non-disclosure. 

      Under the Insurance Contracts Act 1984 (Cth), the insured party must provide all information that a reasonable person would know to be relevant to an insurance company.

      However, the duty of disclosure does not require disclosing information that diminishes the insurance company’s risk, that is common knowledge, or that the insurer should know.

      Common examples of non-disclosure include not disclosing prior insurance claims or existing damage to property.

      Exclusion clauses

      The insurance company may claim that certain clauses in the policy exclude coverage for the type of loss suffered or the particular event that caused the loss.

      Exclusions may include depreciation, storm damage, intentional damage, government seizure or vermin damage.

      It is important to ensure that the insurance company is not denying a valid claim, and not all exclusions are as far-reaching as the insurance company may have you believe. It is important for our insurance lawyers to obtain the most up-to-date product disclosure statement (PDS) and speak to you about any representations that were made to you when you took out the cover (whether via phone, which we may be able to obtain recordings of), published on the insurer’s website, or some other advertising that you relied on when taking out the cover. 

      Fraud

      The insurance company may claim the insured party acted fraudulently in some way.

      If only a minimal or insignificant part of an insurance claim is made fraudulently, the insurer may be ordered to pay the remainder of the claim.

      It is also important to obtain legal representation when there is suspected fraud, to avoid you having to speak to the insurance company directly, or to one of their assigned investigators (for litigation and criminal purposes). Unfortunately, it is not uncommon for innocent claimants to have an insurance company delay their matter to investigate allegations of fraud. In the circumstances that the insurance company and you have a contract, the insurance company will have to prove, on what is known as the ‘Briginshaw’ standard, the allegations of fraud in order to avoid having to pay your claim. The Briginshaw standard basically means that the more serious an allegation is (a fraudulent claim), the more compelling the evidence against you must be in order to prove the allegation on the balance of probabilities. A mere suspicion of fraud will ordinarily not be enough. 

      Gibbs Wright will ensure that you are represented and that the insurance company will not simply deny your claim without a fight.

      Non-insured loss

      The insurance company may claim that the particular damage or loss (for which compensation is being sought) was caused by an event not covered by the policy.

      Similar to exclusion clauses, Gibbs Wright can review the most up-to-date product disclosure statement (PDS) and misleading or deceptive conduct in any of the advertisements or statements made to you about the policy. 

      It is, perhaps surprisingly, not uncommon for representatives of the insurer to misunderstand or misstate the insurance policy to you. Retaining a litigation lawyer to handle your insurance dispute will assist you in exploring the avenues to receive your payout.

    • What should I do if my insurance claim is denied?

      If your insurance company has denied your insurance claim, or is delaying your insurance claim, contact Gibbs Wright Litigation Lawyers to assist you. We are experienced in all levels of the insurance dispute process, from internal reviews, external reviews, when investigators are assigned to your case, and when loss adjusters are appointed.

      If the person is from the insurance company, it is not uncommon that they will be looking for any way to deny your claim, and to reduce any payout. Retaining Gibbs Wright will give you a fighting chance for your claim to be paid.

    • How can an insurance dispute be resolved?

      Here’s how the process of resolving insurance disputes normally goes:

      Internal Review

      If your insurance claim is denied, start by using your insurance company’s internal dispute resolution process. The insurance company must give you written reasons for the denial, details about their complaint procedures, and, if requested, reports from the experts they consulted for their decision.

      If the issue remains unresolved, you can move to the next step.

      Australian Financial Complaints Authority (AFCA)

      AFCA is an outside organisation that helps settle disputes for free. If you agree with AFCA’s decision, the insurance company must abide by it. If you disagree with AFCA’s decision, you have the option to take legal action. AFCA was previously called the Financial Ombudsman Service. 

      Legal Action

      When internal and AFCA processes can’t resolve the dispute, you might need to go to court. Most of the time, this is for breach of contract.

    • How long do I have to file an insurance dispute?

      The time limit for filing a dispute can vary depending on your policy and jurisdiction. It’s crucial to review your policy documents and seek legal advice promptly.

    • How much will it cost to hire an insurance lawyer for my dispute?

      Legal fees can vary based on the complexity of your case and the lawyer’s rates. We offer a free initial consultation and can give you an estimate of costs for your specific case. 

    • How long does an insurance dispute typically take to resolve?

      The duration can vary widely. Simple disputes may resolve relatively quickly, while complex cases may take several months or even years.

      In cases where there have been significant weather events, such as a cyclone or major bushfires, it might be reasonable for your insurer to take longer to accept your claim and make repairs.

    • What documentation should I gather for my insurance dispute?

      You should collect all policy documents, correspondence with the insurer, evidence related to your claim, and any relevant financial records.

    Explore your legal options with Gibbs Wright Litigation Lawyers - Brisbane’s Leading Litigation Firm.

    Our expert litigators will let you know where you stand and give you legal guidance.