• Disaster affected person
  • VIC

What is this resource?

This resource is designed to support people in Victoria who have been impacted by disaster find legal information online and connect with appropriate services. It will help you identify if you are dealing with a legal problem related to insurance and understand how to make an application for legal help.

This resource provides:

  • links to legal information resources
  • information on where to get legal help

Making a claim for damage caused by a disaster

If you’ve been affected by disaster, it might be hard to know how to start a claim on your insurance policy for damage to your home, car, or other costs.

When managing insurance claims for damage caused by a disaster, it’s important to remember that there are specialised services that are able to help.

Before you proceed with a claim, you need to understand what is covered under your insurance policy. This because your entitlements will depend on your circumstances and the terms (including the conditions and exclusions) of your insurance policy.

There are generally three types of insurance cover available to homeowners that may help in the event of a disaster, including:

  • Home or building insurance;
  • Contents insurance (sometimes combined with building insurance and called ‘home and contents insurance’); and
  • Public liability insurance (often included in home and/or home and contents insurance).

 

  The first steps to take after a disaster (when it is safe to do so) to prepare to lodge your insurance claim.

  1. Notify your insurer (via your broker if you have one) that your property has been affected. This flags the event in their system so they can allocate a claim number and be ready to help.

  2. Take photographs and videos of the damage.

  3. Secure your property from further damage where possible – for example, by putting a tarp over contents or moving them under shelter. Take photographs and videos to prove this. 

  4. Try not to throw away any damaged goods, as this makes it difficult to provide your insurance with proof that items were damaged. If you need to throw away hazardous or dangerous items, make sure you document them with photographs or videos first. If you can, contact your insurer and speak with them before discarding anything.

Source – Disaster Legal Help Victoria – Insurance | Disaster Legal Help Victoria 

Watch out for common issues in insurance claims

These resources provide information on common issues that can arise when making insurance claims after a disaster:

Disputing an insurance decision

If the insurance company rejects your claim, there may be options available to you. You may be eligible for free legal help when disputing an insurance decision. Read our section “Where to get help” for more information.

These resources provide information on disputing an insurance decision:

Where to get help

Disaster Legal Help Victoria

Disaster Legal Help Victoria (DLHV) is a joint initiative of the Federation of Community Legal Centres, Justice Connect, the Law Institute of Victoria, Victoria Legal Aid, the Victorian Aboriginal Legal Service, and the Victorian Bar. DLHV brings together the skills and resources of the legal profession, including government and private legal entities, to help mitigate and respond to complex and widespread legal needs that arise in disasters.

For legal information and referrals, call Disaster Legal Help Victoria on 1800 113 432 (Monday to Friday, 8am to 6pm). You can also contact your closest community legal centre to get advice from a local lawyer.

Visit Disaster Legal Help Victoria’s website for more information on how they can help.

Australian Financial Complaints Authority

The Australian Financial Complaints Authority offers dispute resolution for the financial services industry, covering consumer complaints about credit, finance and loans, insurance, banking deposits and payments, investments and financial advice, and superannuation.

Call 1800 931 678 (Monday to Friday, 9am to 5pm) or visit their website: https://www.afca.org.au/.

Consumer Action Law Centre

The Consumer Action Law Centre offers legal advice and financial counselling for vulnerable people in Australia.

Call 1800 446 477 between 10am and 1pm on Tuesdays, Wednesdays and Thursdays.

You can also get online legal help by using the ‘Chat with us’ button on the CALC website.

Visit their website for more information: Consumer Action Law Centre – Consumer Action Law Centre.

Insurance Law Service

The Insurance Law Service provides legal advice about insurance problems for people under financial stress.

Call 1800 663 464, Monday to Friday, 10am to 1pm or visit their website for more information: Insurance Law – Financial Rights Legal Centre

Justice Connect

Justice Connect assists eligible individuals, small businesses, community organisations and farms and other primary producers who have been impacted by natural disasters.

You can apply online for free legal help: Apply for help – Justice Connect. This is the quickest and most efficient way to check if you’re eligible and start the process of being matched with a lawyer. Once we receive your application, a member of our team will be in touch to guide you through the next steps. 

  This resource was last updated on 14 March 2024. This is legal information only and does not constitute legal advice. You should always contact a lawyer for advice specific to your situation. You can read our disclaimer in full here: Disclaimer and copyright for our Disaster Legal Support Resource Hub – Justice Connect.