What to Do If an Insurer Denies Liability For Your Personal Injury Claim

It can be frustrating, confusing and feel unfair.

But here’s what you may not realise:

• An insurer denying a personal injury claim isn’t uncommon
• It doesn’t mean it’s over
• You still have legal options and in many cases, denials can be overturned

Here’s why some claims are denied, what steps you can take next and how legal advice can make all the difference.

There are times when insurers will reject personal injury claims, with some of the most common being:

• Disputing fault (e.g. saying you caused or contributed to the accident)
• Lack of medical evidence to support your injury
• Delays in treatment or reporting the incident
• Pre-existing conditions they claim caused your injury or symptoms
• No witnesses or insufficient incident documentation
• Not meeting threshold requirements for compensation

In some cases, insurers will also deny liability based on technicalities, which is why documenting the injury and getting legal assistance is so important.

If you’ve been injured in a car accident in South Australia, your injury compensation claim will be paid via Compulsory Third Party (CTP) insurance. Unfortunately, CTP insurers regularly deny or limit claims by:

• Saying your injuries aren’t serious enough
• Arguing your symptoms are unrelated to the crash
• Offering a small payout and refusing to negotiate further

It’s important to know that CTP claims can be challenged, especially with the right legal strategy.

If your claim has been rejected by an insurer or a low offer of compensation is made, there’s no need to panic – but do act quickly.

Here’s what to do:

1. 1. Don’t accept the rejection or low offer at face value: A denial or low offer is not final. Many are successfully addressed with proper legal guidance.
   2. Call a personal injury lawyer: This is the most important step. A lawyer can assess your claim, challenge the insurer’s reasoning and take the matter further if needed.
   3. Collect all your records: Your personal injury lawyer will assist with collecting medical reports, incident forms, emails, photos and anything else related to your claim. These will be essential in addressing a denied claim or low offer.

When you engage a personal injury lawyer, they will:

• Review the insurer’s reasoning and identify flaws or unfair assumptions
• Gather supporting medical evidence and independent reports
• Negotiate directly with the insurer or their lawyers
• If necessary, they can take the matter to court

In South Australia, you generally have 3 years from the date of injury to commence legal proceedings. It’s important to seek legal advice as soon as possible to avoid missing deadlines or losing key evidence.

If you’ve accepted a compensation offer but now feel it was inadequate, there may still be a path forward but only if you haven’t signed a final release.

These situations are more complex, but worth exploring with a legal professional.

Our expert personal injury lawyers deal with insurers every day, so we know what it takes to challenge unfair offers and decisions.

We provide:

• Free claim assessments
• Clear advice about your chances of success
• No-win, no-fee arrangements
• Support through every step of the dispute or legal process

We’ve helped many South Australians overturn denied claims and secure the compensation they deserve. If your personal injury claim has been rejected or a low offer is made to settle your claim, don’t assume the insurer is right.

Get advice, know your rights and push back with professional support as you may still be entitled to significant compensation.

Contact us today for a free claim review and find out what your options really are.