Home Investment Products Insurance Insurance claim rejected? A guide for policyholders to seek redress – Business Standard

Insurance claim rejected? A guide for policyholders to seek redress – Business Standard

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Insurance claim rejected? A guide for policyholders to seek redress – Business Standard

Insurance coverage is more and more turning into a necessity for Indians, with over 52 crore individuals coated beneath medical insurance throughout the fiscal yr 2022, in accordance with authorities information. Nonetheless, one other actuality is the rejection of claims by insurance coverage corporations. 

In current months, a number of instances have surfaced wherein courts and regulators have imposed fines on insurers for denying claims, even in situations the place insurers argued that hospitalisation was not required.

If you’re dealing with the same scenario, the place your insurance coverage supplier has rejected the declare or you aren’t happy with the response of the corporate, here’s what you are able to do:

What do to if the insurance coverage declare is rejected?

In accordance with the Insurance coverage Regulatory and Growth Authority of India’s (Irdai) pointers on standardisation of common phrases and clauses in well being Insurance coverage, claims can’t be rejected by insurance coverage suppliers after a policyholder has paid the premium recurrently for eight steady years often known as the Moratorium interval. 

Nonetheless, if this isn’t the case, in accordance with Irdai, you’ll have to first lodge a criticism with the grievance redressal officer(GRO) of the insurance coverage firm. 

“Give your criticism in writing together with the mandatory supporting paperwork. Take a written acknowledgement of your criticism with the date. The insurance coverage firm ought to resolve your criticism in any case not later than two weeks of receipt of the criticism,” mentioned the insurance coverage regulator on its web site. 


You’ll find e-mail IDs of GROs of all of the Insurance coverage corporations on IRDAI’s web site.  

In case, the criticism is just not resolved inside two weeks or if you’re not happy with their decision, you have got three choices: 

  1. You’ll be able to immediately register your grievance on the Irdai’s on-line portal, often called the ‘Bima Bharosa System.’ 
  2. Alternatively, you may lodge a criticism with the Insurance coverage Ombudsman inside one yr from the date of rejection by the insurance coverage firm. 
  3. An alternative choice is to file a criticism with the buyer courtroom.

Bima Bharosa System


In accordance with the Irdai, you may strategy the Grievance Redressal Cell of the Policyholder’s Safety & Grievance Redressal Division of Irdai by the next means:

  1. Register criticism immediately in Irdai’s on-line portal – Bima Bharosa System-https://bimabharosa.irdai.gov.in/  
  2. Ship the criticism by electronic mail to complaints@irdai.gov.in
  3. Name toll-free quantity 155255 (or) 1800 4254 732

Level to notice: IRDAI prescribes a set format of criticism registration varieties that may be discovered on its web site.   

Additional, if mandatory you may fill and ship the criticism registration kind together with any letter or enclosures, if felt mandatory, by submit or courier to:  Normal Supervisor, Policyholders Safety and Grievance Redressal Division- Grievance Redressal Cell, Insurance coverage Regulatory and Growth Authority of India(Irdai), Sy. No.115/1, Monetary District, Nanakramguda, Gachibowli, Hyderabad-500032

In 2022, Irdai launched the Bima Bharosa Portal, serving as a platform for registering complaints with insurance coverage corporations. The portal employs predefined guidelines to classify criticism sorts and assigns distinctive criticism IDs, facilitating environment friendly monitoring. It notifies stakeholders throughout the workflow and adheres to outlined goal Turnaround Instances (TATs), triggering alerts for pending duties. 

Complaints registered on Bima Bharosa move to each the insurer’s system and the Irdai repository. A generated Token Quantity permits complainants to trace the standing, with updates mirrored between the insurer system and Bima Bharosa Portal. The ultimate decision from the insurer is accessible within the complainant login of the portal.

Right here is how the Grievance course of in Bima Bharosa works:

Chart

Supply: Bima Bharosa Portal

Bima Bharosa Portal gives an ordinary platform for all insurers to resolve policyholder grievances and gives Irdai with a instrument to observe the effectiveness of the grievance redress system of insurers.

Nonetheless, in accordance with Irdai, in case the criticism is just not attended to inside 15 days of registration of criticism in Bima Bharosa or the decision supplied by Insurer is just not passable, you may strategy the Insurance coverage Ombudsman as per the process laid down beneath Insurance coverage Ombudsman Guidelines, 2017.

Insurance coverage Ombudsman 

The Insurance coverage Ombudsman scheme, established by the federal government, gives an economical and neutral avenue for particular person policyholders to resolve complaints exterior the courtroom system. Presently, there are 17 Insurance coverage Ombudsman places of work in several areas. In accordance with Insurance coverage Ombudsman Guidelines, 2017, you may strategy the Ombudsman if:

1. You might have beforehand approached your insurance coverage firm, and so they have rejected, not resolved to your satisfaction, or not responded to your criticism inside 30 days.

2. Your criticism pertains to a person coverage, and the declare’s worth, together with bills, is just not above Rs 50 lakh.

Level to notice: Earlier, the utmost compensation that ombudsman places of work may award to policyholders was capped at Rs 30 lakh. On November 10, 2023, the finance ministry amended the insurance coverage ombudsman guidelines to extend the utmost compensation quantity to Rs 50 lakh.

Right here is the best way to file a criticism with the insurance coverage Ombudsman:  

The criticism should be in writing and signed by the policyholder, claimant, authorized heirs, assignee, or submitted electronically through electronic mail or by the net platform on the Council of Insurance coverage Ombudsmen’s web site www.cioins.co.in. The complainant can ship the criticism letter, together with photocopies of supporting paperwork, to the Insurance coverage Ombudsman Workplace by submit or electronic mail.

Required supporting paperwork embrace:

1. Coverage copy (all pages of the coverage beneath which the criticism is lodged).

2. Copies of all outdated insurance policies overlaying insurance coverage for the final 48 months earlier than this coverage if the declare is rejected based mostly on pre-existing illnesses or ready interval.

3. Repudiation/Denial letter/Partial settlement letter issued by the Insurer.

4. Illustration letter despatched to the Insurer/Insurance coverage Dealer.

5. Some other correspondence exchanged with the Insurer/Insurance coverage Dealer and TPA.

Alternatively, the complainant can register the criticism on-line on the web site www.cioins.co.in beneath the heading “Register” – Lodge/Observe Criticism On-line. The required paperwork, proof of identification, and {a photograph} may be uploaded on the net registration platform. 

You’ll be able to observe the standing of his criticism by clicking “Observe Criticism” button supplied beneath the heading “Criticism On-line” on dwelling web page of the web site. Criticism may also be tracked by submitting the registered cellular quantity. 

The Ombudsman acts as a mediator to reach at a good suggestion based mostly on the dispute’s information. If accepted as a full and remaining settlement, the insurer should comply inside 15 days, as per the ombudsman guidelines. Additional, if a settlement by suggestion is unsuccessful, the Ombudsman passes an award inside three months, binding on the insurance coverage firm. The insurer should adjust to the award inside 30 days and inform the Ombudsman of the identical, in accordance with the ombudsman guidelines. 

In accordance with the Ombudsman Guidelines, if there’s an ongoing or resolved case associated to the identical concern in a courtroom, shopper discussion board, or by arbitration, you can’t file a criticism with the Insurance coverage Ombudsman.


Shopper Discussion board 


If policyholders are dissatisfied with the choice of an Insurance coverage Ombudsman, they’ve the choice to hunt authorized treatments. They will select to pursue their case in both a civil courtroom or a shopper discussion board.

Notably, there is no such thing as a obligation for the policyholder to strategy the Insurance coverage Ombudsman earlier than looking for recourse within the courts. They’re free to immediately strategy the buyer discussion board to deal with their grievances.

In accordance with Bharat Chugh, Advocate Supreme Court docket and Former Decide, the Shopper Discussion board is the only and most fitted discussion board for submitting a criticism. 

The right way to file a criticism on the shopper courtroom?

“The process for submitting a criticism earlier than the Shopper Court docket is just like that in a Civil Court docket. The method begins by serving a authorized discover to the insurance coverage firm. If this doesn’t result in a decision, it’s adopted by submitting a proper criticism, together with the mandatory paperwork, to the suitable Shopper Discussion board,” mentioned Chugh.  

He additional defined that the selection of the Shopper Discussion board will depend on the quantity of compensation sought: disputes beneath Rs 50 lakh are addressed by the District Commissions; disputes involving greater than Rs 50 lakh however beneath Rs 2 crore go to the State Commissions, and disputes over Rs 2 crore are dealt with by the Nationwide Fee.

“Nonetheless, customers ought to hold just a few issues in thoughts: Firstly, the interval of limitation (i.e., the time inside which the case should be filed in a courtroom of regulation for or not it’s thought of); this era is three years for civil courts and solely two years for shopper courts, counted from the date the reason for motion (i.e., broadly talking, the grievance) arises,” mentioned Chugh. 

What’s the most suitable choice? 

“While a shopper discussion board suffers from problems with lack of appointed members, enormous pendency, nonetheless, on account of the truth that no proof is required in shopper proceedings they’re comparatively sooner,” mentioned Ankur Mahindro, Managing Accomplice, Kred Jure. 

In accordance with Chugh, shopper courts are consumer-friendly, cheaper, and sooner. 

“Shoppers can characterize themselves in the event that they select. Furthermore, shopper boards are established beneath a particular regulation aimed toward offering a sturdy and efficient mechanism to resolve shopper disputes. Due to this fact, for an aggrieved particular person or shopper, it could be faster to strategy a shopper discussion board,” mentioned Chugh. 

Causes for declare rejections 

To handle declare rejections, now we have to first begin by understanding the rationale for rejection and observe the coverage’s really helpful plan of action. In accordance with information collected by Policybazaar between April 2023 and September 2023, a big 25 per cent of claims have been rejected because of undisclosed pre-existing illnesses like Diabetes or Hypertension, highlighting transparency points.

Moreover, greater than 18 per cent of rejections have been attributed to incomplete ready durations. Claims exterior protection, constituting 25 per cent of rejections, embody each illnesses not coated (16 per cent) and non-payable OPD or daycare claims (9 per cent), underscoring the necessity for policyholders to understand their protection scope. 

Wrongly filed claims accounted for 4.5 per cent of rejections, emphasising the need for improved buyer steerage throughout the claims submission course of. Rejections because of exhausted limits and different components, comparable to unsubmitted question reverts (over 16 per cent), and unjustified hospitalisation (4.86 per cent), contribute to a complete understanding of widespread rejection classes.

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