Claims

This page answers questions on the operation of ROCS from the viewpoint of doctors.

Page last updated: 20 January 2017

Claims

What should I do if a claim is made against me or I have a claim?Top of Page
What happens if a claim is made against me that is over the limit in my last contract of insurance?
Does ROCS only cover compensation claims?

Claims

What should I do if a claim is made against me or I have a claim?

As soon as you become aware that a claim may be made against (or by you) you should contact your insurer. Under the ROCS this insurer will handle and manage all eligible run-off claims.

You should cooperate with your insurer in managing all claims made under the ROCS, in accordance with the relevant terms and conditions in your last contract of insurance.

What happens if a claim is made against me that is over the limit in my last contract of insurance?

Valid claims will only be funded under the ROCS up to the limit of your last contract of insurance.

However, if the limit of your last contract equals or exceeds the threshold of the Exceptional Claims Scheme (ECS) (currently $20 million), the amount of a valid ROCS claim which is above this threshold will be funded by the Australian Government through the ECS in accordance with the rules of that scheme.

Does ROCS only cover compensation claims?

No. The ROCS indemnities may, subject to the applicable terms and conditions, be paid for:
  • valid medical indemnity claims relating to compensation/damages made against a doctor (eg by patients);
  • costs associated with reported incidents which may or may not become claims (i.e. investigation of circumstances surrounding an incident); or
  • certain claims made by a doctor arising from medical practice such as legal representation at coronial enquiries.
However, the ROCS does not mirror cover other than medical indemnity cover that a doctor may have purchased. For example, it does not cover income protection or personal injury claims.