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Turning the Tide
part 5 getting organised
Evidence about the cause of the damage
The more detailed information obtained about the deluge, the easier it is to establish the cause of the loss. You should try to gather evidence such as:
- Eyewitness accounts about the time the water entered the house, the level it rose to, where it came from, how it first entered the house (for example, through toilets and showers or over land) and whether the water level increased in stages or at a steady and uniform rate.
- The position of debris left after the flood may help indicate the direction of the water flow. This is not a reliable indicator as the water may have changed direction many times.
- Maps showing rainwater drains in the area (copies may be obtained from councils).
- Contour maps of the district and the height of the house above sea level (these may be obtained from surveyor’s reports).
- Information from the Bureau of Meteorology about the time and amount of rainfall, and any local variations in the distribution of rainfall in the area.
- Information about when any river levels peaked.
- Eyewitness accounts about the appearance and colour of water which may indicate the source of the water.
- If the local council prepared its own report, obtain a copy.
- Photos, videos and other records of the flood, including home videos and, if possible, news footage.
- Where the property was near the sea, the influence of any wave action (eg. waves caused by emergency rescue vehicles).
Floods tend to affect a large number of people in the same area. This can be used to your advantage to:
combine information
- share expenses (for expert reports etc)
- organise committees to deal directly with insurance companies.
Negotiating with insurance companies
Consumers should establish local committees to act as support and advice centres and to deal with issues and claims resulting from denied claims from insurance companies.
In Wollongong, following floods in August 1998, the community organised a Stormwater Action Group. It lobbied the NRMA, the major insurance company in the area. As a result of this action, the NRMA agreed not to rely on the distinction between floodwater and rainwater in paying claims.
In negotiating with insurance companies it is a good idea to:
a) make contact with a senior person within the insurance company who has the power to decide the claims. This stops information being relayed from one person to another, and ensures you deal directly with the senior person who is the decision maker.
b) arrange for reports from experts to be exchanged. Insurance companies are under no legal obligation to provide you with copies of any reports, but they are under an obligation to provide you with statements as to why your claim has been rejected. This information can be useful in identifying the main points of dispute and can assist in matters being resolved quickly.
Turning the Tide
part 1 : how to use this guide
part 2 : what does the policy say?
part 3 : where the policy is confusing or you did not get a copy
part 4 : what caused the damage?
part 5 : getting organised
part 6 : what if the claim is rejcted?
part 7 : other issues
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