Do I have to Provide Insurers with Personal Information?

Article by Personal Injury Lawyer, Tyla Leo.

February, 2024

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Do I have to Provide Insurers with Personal Information?

We are often questioned by clients throughout the claims process as to why insurance companies request such personal and private information.

While it often seems like an invasion of your privacy, both the insurer and your lawyer will require your personal information to assess your claim.

It is important to realise that when pursuing a claim for compensation, an insurer (or their legal representative) is legally entitled to request this information from you. If you refuse to cooperate, a court can order that you provide the information and make you pay their legal costs. This will also delay the progress of your claim.

What Type of Information can Insurers Require?

The information that insurers (and your lawyer) will request usually includes:

• Your financial/taxation Information.
• Your medical information and records both prior to and after your injury.
• Your employment history.
• Any previous claims you have made.

The insurer can only request information that is relevant to your claim. A request for information should not be a ‘fishing expedition’. The insurer must have a proper reason to obtain certain documentation. Your lawyer will be able to determine whether the information requested is relevant to your claim. It is essential to regularly discuss all aspects of your personal information with your lawyer.

The reality is, if you suffer an injury and pursue a claim for compensation, your ordinary rights to privacy, largely, do not apply.

Why do Insurers want this Information?

If you are successful with a compensation claim in Queensland, it is the insurance company who will be paying the money. They are the ones with the cheque book.

Whether they are a compulsory third-party insurer, public liability insurer or WorkCover Queensland, they will be responsible for paying you compensation.

Insurers will often think accidents have been staged, injuries have been exaggerated, and medical expenses fabricated. It is important to show that this is not the case. Providing personal information such as medical records, employment history and previous claim information, allows insurers to see your claim is appropriate. They can also see inconsistencies or suspicious patterns which to them, may indicate fraudulent behaviour.

The most significant reason why insurers will want this information is to determine the appropriate compensation for injured parties. Your personal information will provide the insurance company with a basis on which to evaluate the severity of your injury, the impact of your injury on your life and the financial loss you have suffered as a result of your injury. By providing the requested personal information in a timely manner, insurers are in a better position to assess your claim. 

Be Honest with your Lawyer and Insurance Companies.

In a compensation/personal injury claim, honesty is always the best policy.

It is important to regularly discuss information with your lawyer. They will know how various information will affect your claim.

It is essential to the success of your claim to be honest with your lawyer about everything, even if you don’t think it is relevant. You should trust your lawyer to decide if information is relevant or not.

Insurers will usually be more willing to negotiate the settlement of a claim where they have been provided with all the relevant information and they can see there are no inconsistencies.

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