My insurance company will not pay my medical bills from a car accident I had recently. Is there a tribunal or legal body I can go to for advice or help?
Yes, there is a legal avenue you can go to for help if your insurance company will not pay your medical bills after a car accident.
A refusal by an insurance company to pay medical bills can be for a number of reasons including:
- The insurance company has denied liability for the accident; or
- The insurance company does not believe that the medical expenses are reasonable and necessary or they do not believe that the medical expenses relate to injuries caused by the car accident.
What can you do if your insurance company has denied liability for your car accident?
Under the Motor Accidents Compensation scheme when a person makes a claim for a car accident the insurance company can:
(a) Admit liability for the claim;
(b) Admit partial liability for the claim; or
(c) Deny liability for the claim.
The insurance company must issue a Section 81 notice within three months of the claim being lodged advising you whether they admit or deny liability for the claim.
If your insurance company denies liability for the claim there are still actions that you can take challenging the decision of the insurance company. The first step is to make an application for general assessment to the Claims Assessment Resolution Service (“CARS”). CARS is part of the Motor Accidents Authority and is an avenue for assessment and resolution of disputes with insurance companies.
In circumstances where an insurer is denying liability for a car accident then CARS will issue a Certificate of Exemption. The issuing of the Certificate of Exemption means that you will be able to commence court proceedings against the insurance company challenging their denial of liability for your car accident.
What can you do if your insurance company is challenging your medical expenses?
Even if your insurance company has accepted liability for your claim they are not required to pay your medical expenses unless the medical treatment is reasonable and necessary or the treatment was related to injuries caused by your car accident.
If your insurer is refusing to pay your medical expenses on one of these grounds you have the right to apply to the Medical Assessment Service (“MAS”) for an assessment of the dispute.
MAS will make a binding decision on whether the medical treatment is reasonable and necessary or whether it is related to injuries caused by your car accident.
What do you need to do?
If your insurance company is refusing to pay for your medical expenses resulting from a car accident you need to act quickly to challenge this refusal. To ensure that your medical expenses are paid and that you receive just compensation you need to seek expert legal advice from lawyers well-versed in the motor accidents compensation scheme.
If your insurance company is refusing to pay your medical expenses after a car accident you need to act quickly to protect your right to motor accident compensation by calling Barwick Boitano today on (02) 9630 0444 or email on email@example.com for an appointment.
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