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Can insurance company take you to Court?

By Olivia Norman |

As a last resort we will take an insurance company to Court for you. Often once litigation is commenced disputes with insurance companies reach an out of Court settlement following detailed discussions and negotiations between lawyers. One type of insurance dispute is a dispute over entitlement to superannuation.

What happens if you don’t respond to an insurance claim against you?

Failure to cooperate may result in an insurance company deciding to deny coverage. Since in this example you would be the person instigating the claim, you may feel that the process should be easier since you are cooperating. But really, the other driver is the person who would be seeking coverage under this policy.

What happens when someone puts a claim against you?

Following an accident, the other driver(s) may decide to make a third party claim against your insurance. This means they believe the collision was your fault, not theirs. If you agree that the incident was indeed your fault, your insurer will handle everything moving forwards – there’s nothing else for you to do.

What happens if insurance company Cannot contact other driver?

If you don’t know the other person’s insurance company and have no way of contacting the at-fault driver, get a “declarations page” from your insurance company to see the extent of your coverage. In the very least, you may find that your coverage will be enough to fix all of your damages and pay any medical bills.

When does the other party’s insurance deny your claim?

Exclusions in the Policy — If an insurance policy excludes so-called “acts of God” (natural events), for example, an insurer may dispute your claim if it believes such an act — a sudden hail storm, for instance — was the real cause of the accident and not the other driver’s negligence.

What to do if your insurance company refuses your claim?

If you have trouble getting your money back, you can take the insurance company or driver to court. If your insurance company have dealt with the claim, they should claim the excess back for you. If you have a no fault accident, a credit hire company can also make a claim on your behalf.

What happens if the other party’s insurance policy has lapsed?

Policy Has Lapsed — If the other party failed to pay premiums, thus allowing their policy to lapse, the insurer may claim there was no coverage at the time of the accident; in which case you would need to rely on uninsured motorist coverage for compensation.

Can a car insurance company defend you in court?

Generally, yes. Part of your insurer’s job includes their duty to defend you in court. There are of course exceptions, listed below. The policyholder may neglect to notify the insurer of an accident within the time limit allowed by the policy. If this occurs, it may void the insurer’s duty to defend.