Understanding The Law.... Insurance Law

The following Q&A's have been provided to help you better understand Insurance Law.

Q. Our home recently burnt down accidentally and now the insurance company is refusing to pay the claim due to the presence of white ants although we had another claim some years ago which was assessed and adjusted by their representative and the claim paid with the white ant damage being noted at that time with ongoing renewals continuing to be offered without condition. Can they do that?

A. No. Any insurers who deny claims for these reasons have little understanding of how their policy operates as they suffered no prejudice with the operating cause being fire not white ant damage provided it has not become worse and the fire was not set to cover this up.

Q. I recently went to my chiropractor for manipulations to my neck to assist with pain management and now six months later I am far worse off than before. What can I do?

A. It would appear that the manipulations were not successful and this may be due to a failure by the chiropractor to adopt the standard of care appropriate to treat your condition which may allow you to sue him in negligence for damages.

Q. I recently went out with some friends on a Friday night and became slightly the worse for wear. Although the events of that are rather hazy I do recall that we got into a fight in which I was injured. I was taken to hospital and had treatment for various bruises, lacerations and abrasions to my body. The next day on going back to collect my car I found it had been badly damaged during the course of the fight. I claimed against my insurance company but they have refused to pay it suggesting that I was responsible for causing the damage to it. What can I do?

A. Obviously you would be able to prove there was a fight and you suffered injuries and were taken to hospital. As a result, as there would be no difficulty in determining where the fight scene was which I assume to be adjacent to your motor vehicle then in these circumstances provided your bonafides are not in doubt then the insurer should pay your claim and if they do not then you have remedies at law. Suffice to say a comprehensive motor vehicle policy covers all types of accidental damage which occurs to a motor vehicle.

Q. I was involved in a car accident and I have lodged a third party claim with the other driver’s insurance company who are refusing to pay saying that I caused the accident which is incorrect because the other driver smashed into me from the right hand side. What should I do?

A. You need to find a solicitor who is an expert in insurance property damage claims as they possess fundamentally different knowledge from personal injury lawyers who deal with workers compensation, motor accident acts claims and public liability/personal injury matters. A property damage insurance lawyer will be able to address the necessary problems you confront and should be able to get the claim paid by the other party’s insurer.

Q. Recently my son was at a sporting activity where he was playing up, physically abused by his teacher and forced to leave the event to seek medical attention as a result. Do we have a claim for professional negligence against the teacher or school as I wish to teach them a lesson?

A. Although you would be entitled to make a claim against both the school and the teacher, the question is whether you would be successful in damages. The simple answer in New South Wales is no, unless your child sustained serious ongoing injury or has suffered serious psychiatric illness. Since the medical evidence indicates that he will make a full recovery, the school should be approached to take disciplinary action against his teacher.

Q. Recently I took a couple of my newly born pups to see a local vet where they contracted a virus and subsequently died. What should I do?

A. To put it simply, you should contact the vet and say that you are looking for an apology and compensation. If the animals were not particularly valuable then it would not appear to be a case in which it would justify you retaining a solicitor. Do the best you can in the circumstances.

Q. What happens if someone communicates a full transcript of what a member of parliament said in parliament through the media which has had the effect of seriously impacting my business?

A. This does not amount to defamation as it is the record of a conversation the subject of parliamentary privilege and where true there is no damage at law.

Q. Recently my son was overcome by a smoke machine at a school function which triggered a severe asthma attack, resulting in him being rushed to hospital and admitted to intensive care where he responded to treatment. Is there anything we can do in the circumstances?

A. No. Although you have the potential to pursue a personal injury claim on behalf of your son, the fact that he is in the process of making a full recovery precludes you taking action for damages at common law.