When an insurance company does not pay out for a property damage or business interruption claim despite the fact you have paid the required premiums for many months or years, this can be devastating to you personally and to your business. Often insurance companies will rely on poorly worded and confusing exclusions which are very much open to interpretation.
How can Shine assist?
Shine can assist you if you are in engaged in a dispute with an insurance company and in most cases we can offer No Win No Fee* or alternatively reasonable fixed fee assistance.
Shine has a team of lawyers with many years’ experience acting for and against insurance companies in these scenarios and we can put together a quick and expedient resolution plan to deal with your dispute with an insurance company.
We can take over the communications with the insurer so that you don’t become overcome with these tedious exchanges of information when you are simply trying to rebuild your life after a disaster or re-open your business.
Shine has assisted many clients in redressing the actions taken by insurers in respect of fire claims, flood claims and business interruption claims.
Shine can also assist you to navigate your way through the insurers’ Internal Dispute Resolution Process or lodging a dispute with the Financial Ombudsman’s Service.
Bear in mind that should your dispute with the insurer remain unresolved and must proceed to litigation, the litigation will usually need to be commenced within 6 years from the date of the event or the insurer’s declinature. Shorter time frames apply for lodging FOS dispute so if you intend to seek legal assistance, time cannot be wasted.
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Common questions about Disaster Recovery Claims
Everyone’s situation is different, and your ability to bring an insurance or compensation claim depends on the facts of your particular situation.
It doesn’t matter if you are an individual, property or business owner; if you have experienced losses due to a natural disaster or a disaster brought about by the negligent act of another, we may be able to help. We can also help if you have suffered damage to your house from a fire or arson.
It’s important to realise that even if you aren’t covered under your insurance policy, you may still have a right to compensation in certain circumstances.
Our legal team will explain what you can claim and will do the leg-work so you can focus on getting back on your feet.
Claims may arise out of disasters such as:
If your insurer isn’t paying up following a natural disaster this is something we are experts in. If a disaster has damaged your property or business, chances are you contacted your insurance company right away – and that’s okay. Unfortunately for most, this is just the start of a very dark time as they try to rebuild their lives.
The process is often long and dealing with aggressive insurers can be stressful. Insurance companies will often try to argue that your property or business is not covered by your insurance policy. They will use techniques to try to wear you down and avoid paying you what you’re legally entitled to.
We understand you may not have the time, money or energy to go head to head with your insurer– but we do. Our team of insurance recovery experts will take on the big guys and get you the outcome you need.
Sometimes your insurance policy will not cover you for all types of loss including a drop in the value of your property due to the negligent act of a third party such as a Government, authority or business. Often when disaster strikes there are many property owners around you facing a similar situation.
Our team of disaster compensation experts can help to bring you all together to take on the Government, authority or business that has put you at risk of ongoing damage to your property and get you the outcome you need.
The affect a disaster has on an individual or family unit is unique, many claims differ greatly due to the nature of the damage and as such people move through the claims process differently. When it comes to disaster insurance recovery, the process can tend to be quicker, following the process below.
Step 1 – Policy review
The first thing we’ll do is review your insurance policy to understand what you’re entitled to claim. We’ll cut through the jargon and tell you straight up what you can expect.
Step 2 – Property analysis
If required, our team will come out to your property and see for ourselves the full extent of the damage. We’ll document our findings in a way that insurers will understand to increase your chances of success.
Step 3 – Negotiation process
After your policy and loss are reviewed and understood, your legal team will start negotiations with your insurer to get you what you’re entitled to. If we can reach an agreement, your claim will be resolved and you’ll get the money you need to rebuild your life.
Step 4 – Legal action
If we are unable to reach an agreement with your insurer, then we may start court proceedings on your behalf. When things get heated, we’ll stay calm and will never back down. Our track record of wins against the big guys should leave you confident you’re in safe hands.
When it comes to disaster compensation claims where a Government, authority or business is found to be negligent or causing a nuisance and the effects on home-owners is wide-reaching, often these claims are run as a class action; which can take many months to resolve. Where there is a group of affected residents and businesses, we will come out to meet you and explain the claims process to you in plain English.
Step 1 – Evidence gathering
The first thing we’ll do is gather all the facts to determine the cause of your loss. We’ll cut through the jargon and tell you straight up what you can expect.
Step 2 – Property analysis
If required, our team will come out to your property and see for ourselves the full extent of the damage. We’ll document our findings in a way that will increase your chances of success.
Step 3 – Negotiation process
After we have determined the cause of your loss, your legal team will start negotiations with the negligent party to get you what you’re entitled to. If we can reach an agreement, your claim will be resolved and you’ll get the money you need to rebuild your life
Step 4 – Legal Action
If we are unable to reach an agreement with the negligent party, then we may start court proceedings on your behalf. When things get heated, we’ll stay calm and will never back down. Our track record of wins against the big guys should leave you confident you’re in safe hands
This depends on the case, but often it’s the insurer or negligent party who will pay your compensation.
The amount you can claim depends on the nature of the case. In terms of disaster insurance claims, each claim is carefully assessed based on the impact the disaster has had on you, your business or property.
Class actions where a negligent Government, authority or business was responsible or contributed to the disaster, can be different. Once we get a grip on the facts of your case, we can give you a better idea of what to expect.
Every case is different but the length of the insurance and compensation process will usually depend on how complicated your claim is. We’ll be able to give you a better idea of the time it might take after we meet with you to get a grip on everything.
After a natural disaster strikes or a third party has caused widespread damage to your property or business, it’s important to seek legal help as soon as possible.
The usual time limit is six years from the date of the natural disaster or negligent act of a third party but limitation periods differ between states so it’s best to lodge a claim as soon you can, preferably within 12 months.
If it has been longer than six years, exceptions are sometimes possible so get in touch and we’ll work hard to get you the outcome you need.
Shine Lawyers work on a No win no fee basis so you’ll only pay our fees if you win your case at the end of the claim. We are open and honest about what we charge because the last thing you want to stress about is money.
The amount of legal costs at the end will depend on the amount of work required to resolve your claim. This is all recorded on an ongoing basis and you can ask for an update on how things are looking at any time.
Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a lawyer. We’re experts when it comes to disaster recovery claims and we can help you get the compensation you deserve.
It doesn’t matter if you are located close or far away from a Shine Lawyers office – we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers are expert disaster recovery lawyers that can help you get the compensation you need during this difficult time. Click on the links below for more information about how Shine Lawyers can help.
Shine Lawyers are one of the biggest disaster recovery law firms in Australia and have the experience and nous to go up against the big companies and get you the result you are looking for.
At Shine Lawyers we have a huge commitment to look after people affected following a natural disaster and take the fight to insurance companies who dodge their duties and Government, authority or business responsible for causing widespread damage. You will have your own go-to team, who are always available to chat and who understand that explaining things in plain English to you is important.
Hear from some of our clients below who have been through the legal process with us
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