Letter · Personal Injury & Compensation

Response to an insurer's denial of liability

A letter identifying an insurer's denial, stating the facts the client disputes, asking for reconsideration, and listing documents still missing. It points to the statutory review that may also be running, and it is not that review.

Kind: Letter. A letter or email you adapt and send.
Where it applies: Victoria, Queensland, New South Wales
AI use: Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at: 23 October 2026
Status: Maintained. Checked on 23 October 2026 against the 9 authorities it cites, for Victoria, Queensland and New South Wales.
Version: 1
Source: Written for this library

When to use it

Use when an insurer has denied liability or rejected a claim and the firm wants a reasoned reconsideration before, or at the same time as, a statutory review. Do not use it as the review application, the Transport Accident Commission form, or a Personal Injury Commission application.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer and the tool draft the response from the denial and the instructions, and the lawyer checks each disputed fact and whether a statutory time limit is still open before it is sent.

AI may

Set out the denial date and the reasons the notice actually gave
List only the facts the instructions dispute, in the client's words
Name the statutory review and its deadline in the paragraph for that scheme, without drafting the review itself

AI must not

Must not add a threat, a costs claim, or a deadline that is not in the instructions or the statute
Must not call this letter an internal review, a Regulator application, or a tribunal application
Must not concede contributory negligence, fraud, or a pre-existing condition unless the lawyer has instructed that
Must not mark the letter without prejudice unless the lawyer has decided it contains a negotiating concession

The lawyer checks

Every disputed fact is in the instructions or a document the lawyer has read
The scheme paragraph matches the denial, and the review deadline is diarised separately
The letter is open correspondence unless the lawyer has a reason to mark it without prejudice
Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules.
If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

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All precedents for Personal Injury & Compensation · Tasks and AI use in this area