At Morgan Clifford Compensation Lawyers Aspley, one of the most common issues we see in compensation claims is the way information is provided to insurers.

When you’re lodging a claim after an accident, injury, or illness, it can be stressful and overwhelming. However, one principle is absolutely critical to the success of your claim: honesty.

As your trusted Compensation Lawyer Aspley, we want to explain why complete and truthful disclosure matters, what can go wrong if you don’t disclose fully, and how we can help you navigate the process.

Why Honesty Matters

Insurance contracts are built on a principle called “utmost good faith.” This means that both you and your insurer have a duty to be open, transparent, and truthful with each other.

When you fail to disclose relevant details – whether about your medical history, circumstances of your injury, or other important facts – you risk undermining your entire claim.

Insurers have the right to investigate claims thoroughly. If they find evidence that information has been withheld, exaggerated, or misrepresented, they may reject your claim altogether.

Worse still, in some cases, dishonest disclosure could even be considered fraud. That’s why, as your Compensation Lawyer Aspley, we always stress that honesty isn’t just the best policy – it’s the only policy.

AFCA’s View on Disclosure

The Australian Financial Complaints Authority (AFCA), which resolves disputes between consumers and insurers, takes a firm position on disclosure.

If a dispute arises, AFCA will carefully review whether a claimant provided accurate information at the time of applying for the insurance policy and again when lodging the claim.

If you did not disclose relevant information but the insurer can prove they would have acted differently had they known the truth – perhaps by charging a higher premium or declining to cover you altogether – AFCA may side with the insurer.

This can leave you without compensation at a time when you need it most.

By working with an experienced Compensation Lawyer Aspley, you can avoid these pitfalls.

We help clients understand exactly what insurers need to know and ensure that all information is disclosed properly from the start.

Common Examples of Non-Disclosure

We regularly see disputes over claims where the issue was not the injury itself, but how the information was provided. Some common examples include:

• Medical history: Forgetting (or choosing not) to disclose a pre-existing condition that may have contributed to your current injury.
• Employment details: Providing inaccurate information about your work duties, especially if your role involves physical tasks.
• Lifestyle choices: Omitting relevant details such as smoking, high-risk hobbies, or alcohol use, which insurers may argue affect your health.
• Accident circumstances: Giving a version of events that doesn’t align with witness statements, police reports, or medical evidence.

Often, people fail to disclose details not because they intend to mislead but because they don’t realise the information is important. That’s where legal advice makes a significant difference.

The Consequences of Non-Disclosure

Failing to provide honest disclosure can have devastating consequences, including:

1. Claim denial: The insurer may refuse to pay compensation, leaving you with medical bills, lost income, and no support.
2. Policy cancellation: The insurer may cancel your policy altogether, leaving you without any protection in the future.
3. Legal implications: In serious cases, insurers may pursue allegations of fraud, which can carry both civil and criminal consequences.
4. Stress and delay: Even if the non-disclosure was accidental, it can lead to lengthy disputes, delaying much-needed financial support.

As your Compensation Lawyer Aspley, our job is to protect you from these risks by ensuring your disclosure is complete, accurate, and defensible.

How a Lawyer Can Help

Navigating a compensation claim can feel daunting, especially when insurers are determined to scrutinise every detail. Here’s how we assist our clients:

• Clarifying obligations: We explain exactly what you need to disclose and why it matters.
• Preparing documents: We help you complete forms and provide supporting evidence in a clear, consistent, and accurate manner.
• Managing disputes: If your insurer challenges your claim, we represent you in negotiations and before AFCA to achieve the best possible outcome.
• Protecting your rights: We ensure insurers act in good faith and comply with their obligations under the law.

By being honest from the outset and guided by experienced legal advice, you significantly improve your chances of securing the compensation you deserve.

The Importance of Honesty When Disclosing Information to Insurers

Compensation claims are about fairness and accountability.

For the system to work in your favour, you must approach it with honesty and transparency.

Insurers have powerful resources, but when you disclose fully and have a skilled lawyer on your side, you level the playing field.

At Morgan Clifford, our role as your Compensation Lawyer Aspley is to ensure your disclosure is accurate, your rights are protected, and your claim is given the best chance of success.

If you’re facing a claim or dispute, don’t take risks with partial disclosure, speak to us today and let us guide you every step of the way.