​ሕግንና ደንብን በተመለከተ እርዳታ ማግኘት ይፈልጋሉን? - Amharic | هل تحتاج لمساعدة قانونية؟ - Arabic | ܤܢܝܼܩܵܐ ܝ݇ܘ̤ܬ ܠܗܲܝܵܪܬܵܐ ܩܵܢܘܿܢܵܝܬܵܐ؟ - Assyrian | Need Legal Help? - Auslan | Treba li vam pravna pomoc? - Bosnian | Burmese â Need Legal Help? | 需要法律帮助吗? - Chinese Simplified | 需要法律幫助嗎? - Chinese Traditional | Trebate li pravnu pomoć? - Croatian | ضرورت به کمک قانونی دارید؟ - Dari | Wïc Kuɔɔny në Wɛ̈t Löŋ? - Dinka | آیا به کمک حقوقی نیاز دارید؟ - Farsi | Gadreva na Veivuke Vakalawa? - Fijian | Kailangan ninyo ba ng tulong na panglegal? - Filipino | Besoin d’aide juridique ? - French | Χρειάζεστε βοήθεια σε νομικά ζητήματα - Greek | क्या आपको कानूनी सलाह चाहिए? - Hindi | Butuhkan Bantuan dalam Masalah Hukum? - Indonesian | Hai bisogno di assistenza legale? - Italian | ត្រូវការជំនួយលើបញ្ហាផ្លូវច្បាប់ឬទេ? - Khmer | 법적인 도움이 필요하십니까? - Korean | Ви треба ли помош со правни работи? - Macedonian | कानूनी सहयोग चाहिएको छ? - Nepalese | Necessita de ajuda com questões jurídicas? - Portuguese | Вам нужна юридическая помощь? - Russian | E Manaomia Fesoasoani i Mea Tau Tulafono? - Samoan | а ли вам треба помоћ у правним питањима? - Serbian | Ma u baahan tahay Caawimmad xagga sharciga ah?- Somali | ¿Necesita ayuda con cuestiones jurídicas? - Spanish | சட்ட உதவி தேவையா? - Tamil | ท่านต้องการความช่วยเหลือทางด้านกฎหมายไหม? - Thai | Fiema’u ha tokoni Fakalao? - Tongan | Yasal Danışmaya İhtiyacınız mı var? - Turkish | Cần Được Giúp Đỡ Về Luật Pháp? - Vietnamese |

Insurer - Dispute resolution 

This page has information about what you can do if you are not happy with a decision made by​ an insurance company.

    If your insurance company refuses your claim

    You should check your insurance policy to find out what you are covered for. Your insurance company might refuse your claim if: 

    • you did not provide important information to them when you took out the policy (called 'non-disclosure')
    • ​your loss is not covered by the policy
    • they believe you acted fraudulently
    • the insurance policy was cancelled before the accident.
    • If your claim has been refused, ask your insurance company to give you a written decision.

    If you are not happy with your insurance company's decision you can challenge their decision. You have a number of options:

    • ​Internal Dispute Resolution (IDR)
    • Financial Ombudsman Service (FOS)
    • NSW Civil and Administrative Tribunal (NCAT). ​

    Internal Dispute Resolution (IDR) 

    ​You should first make a complaint to your insurance company's Internal Dispute Resolution (IDR) section. The complaint should be made in writing. Most insurers have a complaint form you can lodge online through their website or send by post. Ask your insurance company for the contact details of their IDR department.

    If you are not happy with the decision of your insurance company's IDR section, or are having difficulty dealing with the IDR section, you have the option of lodging a dispute with the:

    • ​Financial Ombudsman Service (FOS)
    • NSW Civil and Administrative Tribunal (NCAT)
    • Local Court. 

    Financial Ombudsman Service (FOS) 

    FOS can consider some disputes about an insurance company where the insurer has refused the claim or delayed the claim.

    A determination made by FOS is final and binding on the insurer if you agree with the decision. If you disagree with the decision, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or start a court case. 

    For more information on lodging a dispute, go to the FOS website. 

    AlertThere are time limits for lodging a dispute with FOS. Make sure that you do it within three months of the date the insurance company's IDR department rejected your claim. 

    NSW Civil and Administrative Tribunal (NCAT)

    If you are not satisfied with the outcome of either an internal review by your insurance company or a decision of FOS, you can make an application to have the dispute decided by the NSW Civil and Administrative Tribunal (NCAT) within three years. 

    Consumer claims are limited to disputes under $40,000 (as at July 2017). For more information on making an application to NCAT go to the NCAT website or get legal advice

    AlertIf you want to start a court case against an insurance company, you should get legal advice

    For more interactive assistance, see the MVA Problem Solver on the Financial Rights Legal Centre website.

    If you have a dispute with the other party's insurance company

    If the other driver was at-fault

    If the other driver was at-fault and they (or the owner of the car) made a claim on their insurance policy, the insurer will make a decision and should contact you. If they refuse your claim and the cost of repairing your car is less than $5,000, you may be able to make a claim through the Financial Ombudsman Service (FOS). This is a free service and is cheaper than taking the other driver to court. You should try this option before going to court. For more information, call FOS on 1300 790 808 or, go to the FOS website.

    If you want to make a claim through FOS you must be uninsured. The other party must be insured and have made a claim on their insurance policy. You may still be able to make a claim to FOS if the other party has not made a claim and they have died or cannot be found. If you are not sure whether the other party has made a claim on their insurance, you should contact FOS. They will contact the other party's insurance company to see if a claim has been made.

    If the dispute is more than $5,000, you will need to decide whether to start a case in court against the other party. If you cannot claim against the other driver, in some limited circumstances you may be able to claim against their insurance company. If you are considering this, you should get legal advice.

    For more information on starting a court case, see Going to court.

    If you were at-fault

    If the other party's insurance company believes you were at-fault and makes a claim against you, you may wish to negotiate with the insurer and try and resolve the dispute. If you cannot agree, the driver, owner or insurer may decide to start a court case against you. In that case, you will need to decide how to respond. For more information, see Going to court.

    Handy hintAn insurance company can take the place of any person that they insure and do whatever that person can do, such as make a claim in court. This is called the 'right of subrogation'.

    AlertIt is a good idea to try and resolve disputes without going to court, as court cases take time and cost money.​​​