I am receiving treatment for a back injury that I sustained when I fell over on the footpath because of a cracked concrete slab. I am going to need surgery in a few months and I'm worried I can't afford it. Can I claim this cost upfront from the insurer?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by LegalEagle™ staff, Northcote 3070 VIC
- Generally you cannot claim any costs upfront.
- The insurer is not required to pay any costs until they have made an admission of liability or fault. They generally have 6 months from the time you lodge your notice of claim to decide whether to accept or deny liability.
- In some situations where the claim is very straight forward the insurer may agree to pay you some of the amount up front so you can manage costs more easily.
- This really depends on your particular situation. You should discuss the possibility of an up-front payment with the insurer.