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TPD claim resolved within 2 weeks of commencing court proceedings

Case Overview
  • Our client was involved in two motor vehicle accidents, the second of which left him with significant injuries rendering him unfit for his pre-injury employment duties as a truck driver.
  • Following the second motor vehicle accident, our client continued to suffer from (but not limited to) chronic pain, crunching sensations, nerve pain, reduced mobility, localised and generalised weakness.
  • He also suffers from cognitive impairments, psychological injury, and chronic headaches impacting his day-to-day activities.

 

"Despite providing the superfund with substantial evidence in support of our client’s TPD claim, the claim was subjected to extensive delays from the Superfund and Insurer. We formed the view that these tactics were to deliberately delay the claim and this conduct was unacceptable. As a result, we proceeded to file at the Supreme Court of New South Wales."

Angelica Adhar
Our Approach

The nature of his employment duties as a truck driver largely involved physical heavy lifting and manoeuvring the manual functions on a truck, tasks he was no longer able to perform. Our expert solicitors assisted our client and referred him to our specialist Superannuation team who were able to identify cover for total and permeant disability, obtain the required evidence and prepare his claim within a reasonable timeframe. Detailed submissions outlining our client’s condition, education, training and experience were prepared and submitted to the superfund with supportive documentation.

Despite providing the superfund with substantial evidence in support of our client’s TPD claim, the claim was subjected to extensive delays from the Superfund and  Insurer. We formed the view that these tactics were to deliberately delay the claim and this conduct was unacceptable. As a result, we proceeded to file at the Supreme Court of New South Wales.

By filing for proceedings, we are able to remind the Superfund and their Insurer that they owe our clients a duty to investigate all matters in a thorough and meaningful fashion. If they fail to do so, we are willing to take the extra step to ensure an outcome is achieved for our clients.

The Result

Following filling of the initiating court documents, the Superfund took prompt action, reviewed the evidence and approved the claim within 2 weeks of receipt of the filed documents.

Angelica Adhar Lawyer

Angelica Adhar

Law Clerk
There is no greater joy, nor greater reward than to make a fundamental difference in someone’s life. – Mary Rose McGeady
Frequently Asked Questions

More Information

In general, a TPD insurance claim takes around six months for the insurance company to assess. However, it can take longer if there is a dispute, or it can be wrapped up in a shorter time frame if your claim is extremely clear and you have the right superannuation disability attorneys on your side.

Be aware that once the insurance company has made its decision in regard to your TPD claim, the trustee of the superannuation fund will need to follow up with their own separate assessment of the claim. This can add an extra month or two to the process.

You can purchase TPD insurance as a standalone product from insurers, although there’s a chance you may already be receiving total or partial coverage under other policies.

There are various ways that you may be entitled to disability benefits, including through:

  • A superannuation policy;
  • Life insurance;
  • Income protection cover;
  • Mortgage protection or loan protection insurance;
  • Employment disability and/or trauma cover; and
  • Sickness or accident policies.

However, you may not know how much you are eligible to receive and what criteria you must meet. Check the wording of your policies closely and contact a personal disability claims lawyer for information if you want further clarification.

In Australia, there are protections in place for people who suffer injuries or illnesses that render them permanently unable to work in their previous career. This is called total and permanent disability insurance (or TPD insurance) and it will provide a lump-sum payment that will help you maintain your finances to a certain extent, even as you can no longer earn an income in the traditional way.

It is important to note that you do not have to have suffered this injury or illness as a result of your job to make a TPD claim.
 

TPD claims, which are payouts from a type of disability insurance purchased either privately or through your super, have the lowest rejection rate of insurance cover and an approval rate of more than 80%.
 

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Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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