If your insurer has wrongly denied your flood damage insurance claim on the basis of a “flood” exclusion clause, or your property, home or business has suffered flood damage brought about by the negligent act of another, you may be entitled to claim compensation.
Insurance companies will often 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 that you may not have the time, money or energy to go head to head with your insurer – but we do. Shine Lawyers has a team of insurance recovery experts that will take on the big guys and get you the outcome you need.
In the event the flood was caused by the negligent act of another, such as a Government, authority or business, we may be able to help you recover the loss that is not covered by your insurance policy, such as the drop in the value of your property. In this situation if the damage caused is wide-reaching, our team of disaster compensation experts can look at starting a class action, bringing all affected people together to take on the Government, authority or business at fault.
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Common questions about Flood damage claims
Determining your right to flood damage compensation requires careful analysis of your insurance policy and the facts of your particular case. Every case is different, which is why it’s very hard to give you an indication of your rights without first knowing your individual situation.
Our compensation lawyers are experts when it comes to recovering compensation following a flood and will be able to let you know where you stand once they know the circumstances of your case.
We provide an obligation-free first consultation as part of our service, which means it’ll cost you nothing to know your rights and help you make an educated decision on whether or not to pursue legal action.
The flood damage compensation claims process can vary depending on whether the flood was caused naturally, or by the negligent act of another party.
In the event you are trying to recover compensation through your insurer due to a naturally occurring event, the claims process can generally be quicker.
In the event you are making a flood compensation claim against another party, be it Government, business or any other entity, the legal process can take many months. Where there is a group of affected residents or businesses, our Disaster Recovery team may look to running the cases as a class action to get you the compensation you deserve.
Generally speaking, both these types of claims follow the below process.
Step 1 – Insurance policy review / evidence gathering
In the event the flood damage was caused naturally and we bring a claim against your insurer, we’ll review your insurance policy to understand what amount you’re entitled to claim. If the flood damage was caused due to the negligent act of another, we’ll gather all the facts and conduct investigations to establish negligence. We’ll advise you in plain English and tell you straight up what you can expect from our service.
Step 2 – Property analysis
If required, our Disaster Recovery team will come out to your property and see for ourselves the full extent of the flood damage. We know what to look for and how to present our findings to insurers, maximising your entitlements and increasing your chances of a successful outcome.
Step 3 – Negotiation process
If the flood damage was caused naturally and we bring a compensation claim against your insurer, your legal team will start negotiations with your insurer on your behalf. In the event the flood damage was caused due to the negligent act of another, our Disaster Recovery team will start negotiations with that negligent party. Maximising your entitlements is key and if we can reach an agreement that is in your best interests, 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 insurer or negligent party, then we may start court proceedings on your behalf. You can feel confident knowing that when things get heated, we’ll stay calm and never back down. Our track record of wins against the big guys should leave you confident you’re in safe hands.
The Disaster Recovery team at Shine Lawyers are experts when it comes to making flood damage claims for compensation. We’ve obtained successful outcomes for residents and businesses in Brisbane CBD, Milton, Graceville and Dalby, who had their flood insurance claims wrongly denied, or received negligent advice following the damaging floods which swept through south east Queensland in 2011.
Our Disaster Recovery team are currently advising affected residents and businesses on a potential class action following the flash floods in Deception Bay in 2015. If you have been affected by the floods that struck this region, contact us to find out your rights and to register your interest in the action.
If the flood damage claim is brought about due to a naturally occurring event, then typically it is your insurer that will pay you the compensation if you’re successful.
If the flood damage claim is brought about due to the negligent act of another, then it’s often the insurance company of that negligent party that will pay you the compensation should you be successful.
The amount of compensation you can receive following a flood damage claim depends on a number of factors such as the extent of your loss, the impact it has had on your life as well as your insurance policy.
Our lawyers can give you a good indication once they know more about the facts of your particular case.
No two flood damage claims are the same and how long it can take for you to get compensation varies greatly depending on the nature of your case.
Claims against your insurance company for flood damage that has been caused due to a naturally occurring event can take anywhere from 3 – 18 months to resolve. For claims where the flood was caused due to the negligent act of another, this can take many more months to resolve successfully by means of a class action or otherwise.
Our Disaster Recovery team should be able to advise you on how long your claim may take once they know a little more about your situation.
If you have suffered loss due to flooding it’s important for you to seek legal help as soon as possible. The usual time limit in which you have to make a compensation claim is 6 years from the date of the flooding; however limitation periods differ between states.
It’s also in your best interests to come forward as quickly as possible, preferably within 12 months so we can work on documenting the damage caused by the flood effectively to maximising your entitlements at the end.
Shine Lawyers provide legal advice on a No Win No Fee basis, which means you’ll only pay our fees if you win your case at the end of the claim.
The legal costs themselves depend upon the amount of work required to resolve your claim successfully. We’re open and honest about what we charge because the last thing you want to stress about is money.
Our Disaster Recovery team are experts when it comes to flood damage compensation claims and is made up of:
- Emma Stephens
- Jessica Ng
Shine Lawyers are expert flood damage claims 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 floods and take the fight to insurance companies who dodge their duties and Government, authorities or businesses responsible for causing widespread damage.
At Shine 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.
Shine Lawyers have offices in the following locations.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
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