Having your insurance company take over your appeal

Contributed by Morgan Speight and current to 1 March 2017

If your application for cover from ACC is declined, and you have private insurance, that insurance company may wish to dispute the denial of your claim on your behalf. If your claim is denied, it will often mean that your insurance policy will need to cover your treatment and rehabilitation.

If your insurance company decides to challenge a decision made by ACC, they will handle the process of asking for the decision to be remade, and may progress the challenge to a review or to court. If this happens, you may be required to appear as a witness, or give a statement about your injuries.

If your claim is taken over by your private insurance company, you will still undergo the necessary treatment and rehabilitation. This will usually take place before or during the challenge against ACC’s decision, and the challenge will be aimed at having the insurance company reimbursed for the costs of your treatment.

You will have to play a small role in the challenge to the decision, such as giving evidence or giving a statement, but you will not be responsible for the challenge itself. It is important to note that if the challenge results in the case being heard in the District Court or higher, your name will be listed as a party to the case. This is because your insurance company is bringing the challenge on your behalf. Even though your name is on the documents, the insurance company will still be responsible for the challenge. The insurance company will also be responsible for the costs of challenging the decision and you will not be charged for it.