When an insurer denies or reduces an accident benefit, the injured person has a right to challenge that decision — but where and how has changed. Since April 2016, disputes about Statutory Accident Benefits are handled by the Licence Appeal Tribunal (LAT), an administrative tribunal, rather than by the courts. Understanding the process helps injured people respond effectively to a denial.
Why disputes go to the LAT
Before 2016, accident-benefit disputes could go through the courts or an earlier dispute-resolution system. The reforms channelled these disputes into the LAT to make resolution more specialised and, in theory, more efficient. The LAT now has authority over disputes about entitlement to and amounts of accident benefits.
How the process works
If your insurer denies or reduces a benefit, you can apply to the LAT to dispute the decision. The process typically involves:
- An application setting out the benefits in dispute.
- A case conference — an early meeting aimed at narrowing the issues and trying to resolve the dispute by agreement, which many matters settle at.
- A hearing — if the dispute does not settle, it proceeds to a hearing, which may be conducted in writing, by telephone or video, or in person, depending on the issues.
Deadlines are strict
There are firm time limits for applying to the LAT after a denial, and for taking steps within the process. Missing a deadline can end the dispute, so it is important to act promptly after receiving a denial and to keep the denial letter, which usually explains what was refused and why.
Practical tips
- Read the denial carefully — it should identify the benefit refused and the reason.
- Gather supporting medical evidence early, since the dispute often turns on medical proof.
- Use the case conference as a genuine opportunity to resolve or narrow the issues.
- Watch the deadlines from the moment you receive a denial.
For education only. The LAT process has strict time limits and procedural rules, and outcomes depend on the evidence and the specific benefits in dispute.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.