TPD & Life Insurance
7. Consumer Complaints
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 11 Aug 2015
- If you have a complaint about your insurance policies or the services provided by your insurance company you should seek legal advice to understand what avenues may be available to you.
- Generally however the following steps can be followed to address your complaint.
- First contact your insurance company and submit your complaint to the management department in writing. Usually companies have an internal dispute resolution process which is stated under the Product Disclosure Statement. Under the General Insurance Code of Practice all insurers are required to have an internal dispute resolution process.
- It is advisable to follow the company’s internal dispute resolution process before starting an external complaint.
- The Australian Securities and Investment Commission have a good section on ‘how to complain’ and provide excellent sample letters that you may use as a guide when writing your complaint. You can access the information through https://www.moneysmart.gov.au/tools-and-resources/how-to-complain
- If you are unhappy with the company’s response you may complain to the Financial Ombudsman Service (FOS) which 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 grievance. Any decision made by the FOS is not binding on the consumer and you may take other legal steps to resolve the dispute. If you agree with the decision of the FOS then it becomes binding on the insurance company.
- A claim may also be made to the NSW Civil and Administrative Tribunal (NCAT). You should speak to a lawyer before initiating any legal action. Our free Find a Lawyer directory provides contact details for lawyers who may suit your needs.
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