INSURANCE CLAIMS

Bay Legal can assist you with the following types of claims:

  • Superannuation
  • Total and Permanent Disability (“TPD”) or Total and Temporary Disability (“TTD”)
  • Income Protection
  • Life Insurance and Death Benefit

If you are unable to work as a result of injury or illness, and have the relevant policies, Bay Legal can assist you with making claims on, or challenging declined claims with, your superannuation funds or insurers. These policies can be included within your superannuation, or mortgage and other loan insurances, and you may be able to make multiple claims if you have multiple independent policies.

When can I make a claim?

You will need to show that you are totally unfit to earn an income in your usual or suitably qualified role due to an injury or illness, regardless of a connection to your employment, for a minimum period. Usually this period is 3-6 months, however, will depend on the specific insurer and policy terms.

Additionally, if you have been diagnosed with a terminal illness and have less than 12 months life expectancy, you may also make a claim for TPD or Death Benefits.

For Life Insurance and Death Benefits, it is recommended that a claim be made as soon as possible. Further, there are strict time limits to challenge a decision and we recommend that you contact us to discuss your matter as soon as you have received a decision that you disagree with.

How much can I claim?

This will depend on your policy and how much you are insured for. Bay Legal will work with you to obtain the maximum that you are entitled to.

Will this payment impact on my tax, workers compensation or Centrelink benefits?

If your claim is accepted and you receive payments, this will be treated as income, and may affect your Centrelink benefits. You may also need to pay tax in most cases on the amount received.

Although generally payments do not affect your entitlements to workers compensation and you are able to make a claim in addition to claiming workers compensation, depending on the terms of the policy, payments may affect some workers compensation entitlements.

How much will it cost me to make a claim or dispute a declinature?

We will charge in accordance with our Costs Agreement, so you will always know what you are paying for.

PUBLIC LIABILITY CLAIMS

Bay Legal can assist you with the following types of claims:

  • Occupier’s liability
  • Recreational and sporting accidents
  • Animal attacks
  • Roads and footpath injuries

If you’ve sustained an injury, which was not an obvious risk, in a public or private place as a result negligence or the failure of duty of care from another person, business, or government authority, you may be able to make a claim for:

  • and future loss of income
  • Past and future medical treatment expenses
  • Domestic assistance and care
  • Non-economic loss such as ‘pain and suffering’
I’ve been injured at a public place. What do I do?

You should report the incident to the owner, occupier, controller, or authorised staff member of the particular place where your incident occurred as soon as possible.

You should seek prompt appropriate medical treatment for your injury.

Any records of the incident will be helpful in making a claim for compensation at a later date, and these include photographs of the area where the incident occurred, details of witnesses, CCTV footage of the area when the incident occurred, documentation including reports and correspondence regarding past incidents in the area, maintenance logs, prior complaints etc., and your chronology and statement of events.

As there are strict time limits to making a claim for compensation, you should then speak with a lawyer to obtain preliminary advice discuss the prospects of claiming any potential entitlements. Bay Legal will be happy to assist you in this regard. Please contact us for an obligation free discussion of your matter.

Is there a time limit to making a claim?

Claims for personal injury public liability and medical negligence claims must be lodged with the Court within 3 years of the date of the incident. This is a strict time limit and we therefore recommend that you contact us at your earliest convenience to discuss your potential claim. Outside of this time limit, you will need to apply to the Court for leave to file your claim.

How much will it cost me to make a claim?

We will charge in accordance with our Costs Agreement, so you will always know what you are paying for.

MEDICAL NEGLIGENCE CLAIMS


If you have suffered an injury as a result of a breach of a duty of care, including:

  • Incompetent treatment or post-operative care
  • Incompetent prescription or monitoring of medication
  • Delay in diagnosis
  • Failure to treat or refer to a specialist in a timely manner
  • Failure to correct report or follow up test results
  • Failure to warn of risks

from a health care practitioner, such as a general practitioner, surgeon, specialist, hospital staff, and Allied Health Professionals, you may be able to make a claim for damages.

How much will it cost me to make a claim?

We will charge in accordance with our Costs Agreement, so you will always know what you are paying for.

Is there a time limit to making a claim?

Claims for medical negligence claims must be lodged with the Court within 3 years of the date of the incident. This is a strict time limit and we therefore recommend that you contact us at your earliest convenience to discuss your potential claim. Outside of this time limit, you will need to apply to the Court for leave to file your claim.

MOTOR VEHICLE ACCIDENT CLAIMS

If you have been injured in a motor vehicle accident and was not partially or wholly liable for the incident, whether as a driver, passenger or pedestrian, you may be able to claim compensation for:

 

  • Past and future economic loss such as loss of income
  • Past and future medical treatment expenses
  • Past and future domestic assistance if required for more than 6 hours per week for over 6 months.
  • Non-economic loss such as ‘pain and suffering’ if your injuries are greater than 10% whole person impairment as assessed under the Motor Accident Authority’s guidelines
I was unable to obtain the insurance details from the other party. Can I still lodge a claim?

A claim can be made against the Nominal Defendant Scheme after due searches and inquiries have been made into the identity of the driver and vehicle.

Is there a time limit to making a claim?

Strict time limits apply for claiming compensation for motor vehicle accidents; you need to notify the police and insurers within 28 days of the incident for claims for provisional liability of up to $5,000, and lodge a personal injury claim within 6 months for larger claims.

Outside of these time limits, you will need to convince the Court that you have a satisfactory reason for your delay and acted as soon as possible to grant you leave to file a claim.