Insurance and disasters (Vic)
Last Updated 14 March 2024
Last Updated 14 March 2024
This resource is designed to support community workers and volunteers connect people in disaster affected communities with legal help. It will help you identify when someone you’re helping has an insurance legal problem and where to refer them for appropriate legal support. We refer to community members you’re helping as your ‘client’ throughout this resource.
This resource provides:
If someone is affected by disaster, it might be hard to know how to start a claim on their insurance policy for damage to their home, car, or other costs.
When helping someone manage insurance claims for damage caused by a disaster, it’s important to remember that there are specialised services that are able to help.
Before someone proceeds with a claim, they need to understand what is covered under their insurance policy. This because their entitlements will depend on their circumstances and the terms (including the conditions and exclusions) of their insurance policy.
There are generally three types of insurance cover available to homeowners that may help in the event of a disaster, including:
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.
Take photographs and videos of the damage.
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.
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
The following resources provide further information on insurance policies and making a claim:
Insurance claims and related issues can be complex and challenging to navigate. There are legal protections and processes that may assist your client. Consumer Action Law Centre has created a resource which is designed to assist you when helping your client navigating an insurance claim. It includes questions that you can ask your client to work out if they are facing issues with their insurance. Read the resource here: Extreme Weather Issue Spotting – Insurance – Consumer Action.
These additional resources provide information on common issues that can arise when making insurance claims after a disaster:
If the insurance company rejects your clients claim, there may be options available to them. Your client 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:
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.
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/.
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.
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 can provide free legal advice and ongoing representation in certain matters to eligible individuals, small business owners and primary producers affected by disasters like floods, bushfires, cyclones and other extreme weather events. We may be able to match your client with free legal assistance to help with disputes or to assist them better understand their legal rights and obligations.
Refer someone to Justice Connect: https://justiceconnect.org.au/refer/.
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.