Get legal services and advice for insurance claims to assist you in your recovery after a natural disaster.
For free legal help visit the Disaster Response Legal Service or phone 1800 801 529 from 9am to 5pm, Monday to Friday. Disaster Response Legal Service lawyers also visit communities after a disaster.
The Disaster Response Legal Service is a specialist service of Legal Aid NSW. This service can help you with everyday legal problems that can arise after a disaster, such as:
Other legal services include:
Contact LawAccess NSW or call 1300 888 529 for general legal support from Legal Aid NSW, Community Legal Centres and other free legal assistance services in your area.
If your divorce order, current orders or other family law documents have been lost or destroyed, you can get a free replacement copy at a family law registry. Find out more at the Federal Circuit and Family Court of Australia.
For insurance advice and guidance, call the Insurance Council of Australia disaster hotline on 1800 734 621. You cannot make a claim on this hotline.
For free legal help with insurance claims and disputes visit the Disaster Response Legal Service.
Insurance support and resources are also available through the Insurance Law Service.
If your insurance documents have been lost or damaged contact your insurance company. It will have a copy of your policy.
Depending on your situation, your level of cover and what you are claiming, flood cover may come under:
Contact your insurer as soon as possible. They’ll be able to tell you:
After you submit a claim, an assessor will inspect the damage and determine if it’s covered under your policy.
Check with your insurer before making or arranging any repairs. Your policy may not cover unauthorised repairs.
Your insurer will tell you:
Make sure you:
The insurance assessor will normally work with you to get quotes and decide whether building or belongings should be repaired or replaced.
Your insurer is responsible for the quality of the repairs or a replacement.
The General Insurance Code of Practice sets timeframes for how long a claim should take to process.
Depending on the situation, an insurer will usually make a decision within 4 months of receiving the claim. It can take up to 12 months if an extraordinary catastrophe or disaster has been declared.
You can apply to fast track your claim if you need urgent financial help. Ask your insurer how to do this and what documents you’ll need to prove financial hardship.
If your claim is fast tracked, your insurer can make an advance payment. This amount will be deducted from your total claim payout.
You may be offered a cash settlement. This means the insurer pays you the value of the claim instead of paying for repairs or replacements.
You'll have to decide if a cash settlement is the right option for you. It's important to:
Not all insurance policies cover claims due to floods. Your policy will show whether flood cover is part of your insurance. If you’re unsure, check with your insurer.
If you do not have flood cover your policy may still cover you for damage. You’ll need to prove any damage was caused by an event covered by your policy, like storm or rainwater damage.
Learn more about the difference between flood, storm and rainwater damage and your claim at the Insurance Law Service.
You can also find out more about choosing home insurance at Moneysmart.
You can make a complaint if your claim is rejected, or you disagree with the outcome.
The first step is to contact your insurer and find out what its complaints process is.
You can also get legal advice from the Insurance Law Service.
Decisions about your complaint are usually made within 30 days. You will be notified in writing of the reason for the decision.
If you are not happy with this outcome, you can make a complaint to the Australian Financial Complaints Authority.
If your insurance claim has been refused, you can learn more about your options from the Insurance Law Service.
