Horse Accident Claim Rejected: A Deeper Look into Trauma Insurance

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The incident occurred on October 16 of the previous year, leading to a significant pelvic fracture for the claimant, followed by surgery a few days later. The woman has stated that her day-to-day activities have been severely affected as a result.

Currently, she is undergoing physiotherapy and taking medication to improve her mobility. Her orthopaedic surgeon, identified as Dr NJ, has reported that she exhibits "debilitating symptoms affecting her left leg and foot."

Despite these symptoms, Dr NJ remarked that it might take 18 to 24 months to see improvement, and confirmed that predicting a permanent condition is complex at this stage.

Clearview Life Assurance refused the claim, citing that their policy's "loss of independent existence" clause necessitates a permanent inability to perform at least two daily activities independently.

In June, the complainant's general physician noted that she requires crutches for mobility and is incapable of handling tasks such as shopping, laundry, food preparation, or housecleaning.

The claimant also stated she suffers from cognitive impairment and has not shown any nerve recovery since the incident. She contends it would be unreasonable to assume her condition will improve over time.

The Australian Financial Complaints Authority (AFCA) acknowledged the severity of her disability but indicated that the current medical advice suggests she could eventually recover.

"Dr NJ is in the best position to opine on the permanence of the disability, given his specialty and ongoing treatment of the complainant," AFCA noted. "He has said it's 'too early to declare a permanent condition' and has outlined the further testing and treatments that are in progress and planned."

Nonetheless, AFCA's decision leaves the door open for the claimant to present new medical evidence at a future point that might confirm the permanence of her disability.

"It may be possible for her to demonstrate with subsequent medical evidence that her disability is permanent," AFCA said. "However, based on the current evidence, I am not convinced her disability is permanent or irreversible."

This case offers a critical view into the complexities and challenges associated with trauma insurance claims and highlights the necessity for clear and definite medical proof in establishing the permanence of a condition.

Published:Tuesday, 1st Oct 2024
Author: Paige Estritori

Please Note: We do not endorse any specific products or companies. Some content is sourced from third parties, including press releases, and may not be independently verified for accuracy or completeness.

Share this news item:

Insurance News

Clear

Could AI Speed Up Heavy Vehicle Repair Claims?

23 Jul 2026: Paige Estritori

Australian smash repair insurtech DingGo has introduced an AI platform designed to produce rapid crash repair estimates from vehicle photos, adding another signal that claims technology is moving quickly across the motor insurance sector. Its Crash Intelligence AI tool uses a large dataset of completed Australian repairs to estimate likely repair costs, with the company positioning it for dealer groups, independent repairers and panel shops. - read more

What Genetic Testing Reform Could Mean for Life Insurance

22 Jul 2026: Paige Estritori

Australia’s life insurance sector is preparing for a significant shift in how genetic test information may be treated during applications. The Federal Government has been moving towards stronger restrictions on insurers using adverse predictive genetic test results when assessing life insurance, a change designed to reduce fears that medical insight could later become a financial disadvantage. - read more

Why rural heavy vehicle safety matters for insurance

22 Jul 2026: Paige Estritori

The National Heavy Vehicle Regulator’s latest focus on agricultural heavy vehicle safety is a timely reminder for farm, livestock, grain and regional freight operators: safety standards are not just a compliance issue. They can also shape claims outcomes, business interruption, liability exposure and future access to affordable truck insurance. - read more

Why Lithium Battery Fire Risk Matters for Tradies

22 Jul 2026: Paige Estritori

Lithium-ion batteries are now part of everyday trade work. They power cordless tools, site lighting, testing equipment, drones, portable power stations and, for some electricians and solar installers, the systems being installed for customers. A fresh insurance industry analysis has again highlighted why this technology is not just a convenience issue, but a serious risk management issue for businesses. - read more

Why the Simple Advice Push Matters for Your Cover

22 Jul 2026: Paige Estritori

Australia’s life insurance sector has renewed its push for consumers to receive simpler help with the cover they already hold, particularly through superannuation. The Council of Australian Life Insurers has again argued that many people need clearer, more accessible guidance about insurance inside super, including death, disability and, where available, income protection insurance. - read more

Click for more Insurance News