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Property Insurance

8. Making a Complaint

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 10 Sep 2015
    8. Making a Complaint
  • If you have a complaint about your insurance policy or the services provided by your insurance company you should seek legal advice to understand your options.
  • Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
  • To dispute a decision made by the insurer you should first submit a written complaint to the management department of your insurance company.
    • This is known as the ‘internal dispute resolution’ stage.
    • All insurers are required to have an internal dispute resolution process.
    • It is usually best to use the internal dispute resolution process before making an external complaint.
  • If you are unhappy with the company’s response you may complain to the Financial Ombudsman Service (FOS).
    • This is a simpler and cheaper alternative to resolving disputes in a court.
    • You may contact the FOS on 1300 780 808 or see their website http://www.fos.org.au.
    • The FOS should be able to advise you if they can assist you in your dispute.
  • Any decision made by the FOS is not binding (enforceable/final) on you (the consumer) and you may take other legal steps to resolve the dispute.
  • If you agree with the decision made by the FOS then it becomes binding on the insurance company.
  • NSW residents can also make a claim to the NSW Civil and Administrative Tribunal (NCAT). There are similar tribunals in all other states and territories. See our Tribunal & Public Sector Appeals topic for more information.
  • You should speak to a lawyer before initiating any legal action. 

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