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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I am aged 71 and have been a client of Apia 15 years.

Customer Question

I am aged 71 and have been a client of Apia for over 15 years. In that time from memory I have made only one claim on a damaged rear light of my car.
Back in February this year we had torrential rain and wind here in central Tasmania which cause a back up in our guttering and subsequent flooding of our mud room. Apia have appointed First Choice to process the claim and from that the claim has been approved. The flood was caused due to the guttering being overwhelmed by the amount of water. First Choice have recommended and I repeat recommended that we conduct "maintenance" by having slits cut ion the guttering and a skirt place to ensure this does not happen again. Due to the fact that we could not get a person to come out to the house I did the slots myself. Finally we had a tradesman come out but he wanted $700 to do the job. Out of the blue yesterday afternoon I receive a call from Apia to tell me the claim has been approved but they will not proceed until I perform the recommended maintenance. My belief is that I have upheld my part of the contract by paying my premium and the minor damage should be repaired immediately. I consider am being bullied into doing something which has no impact on what has already happened. The mud room is an extension of 20 years ago and was properly signed off by council and done by tradesmen. It has not flooded before. The is no chance I will accede to their demands and will follow through with legal action, but your view would be appreciated. I feel this is yet another case of a person paying premiums only to have their insurer crap on them. Seems to be the way they act in every case one reads of. I also intend to put my case out on the military websites to let everyone know what they can expect if insured with this mob. Further as I no longer trust Apia I will need to consider my future with them.
Thankyou for you advice in this matter.
Frank J Brown OAM
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Can you get anything from a tradesman to confirm that it has been done?
Customer: replied 6 months ago.
Get what done?
Expert:  Leon replied 6 months ago.
The work they want you to done, cutting the slits in the gutters?I assume that is what you are referring to?
Customer: replied 6 months ago.
Sorry Leon, I understand now. I can take a photo of it but don't see why I should have to do so. This is hard to explain but the gent from First Choice who came out to our home only recommended this be done. I rang him tonight and confirmed he only made a recommendation for the work to be done as "maintenance". There is nothing wrong with our home at all, in fact we maintain it religiously. The roof of the mud room sits at a lower level than the roof of the house, hence unknown to us water flowing from the house roof overloaded the house gutter, which then flowed backwards into the eaves of the home then into the mud room. They also want a "skirt", in the form of a metal sheet running from the mud room roof up under the house roof guttering and roof line. The one and only tradie who responded wants $700 to do this. I say it is unnecessary for the progression of this claim.
Expert:  Leon replied 6 months ago.
Good EveningThey are saying it has not been done. You should take photos and send them to them. If they then refuse to pay you can complain to the FOS and they can overrule them. am not saying you pay to do it but get something to ay it has been done. Photos should be enough. Then take them on and it is free. I hope this makes sense?