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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42926
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Good Morning, I have an issue with my insurance company

Customer Question

Good Morning,
I have an issue with my insurance company regarding water damage to my ceilings. I lodged a claim for my home and the first assessor came to do the inspection. I showed him my open plan area and the bedrooms x 3. In his report he rights that the repairs are just to do rescrew and fix in many area's. The contractor came and had a look as he said their scope of works was not clear so he wanted to take a look himself. Upon looking he said it needed to be replaced not fixed. He then reported back to the assessor. I was then sent a scope of works to sign and pay my excess. When I recieved it I questioned why the bedroom x 3 were not on the scope of works and was told to tell the contractor and he will put in an adjustment to the scope of works which I did do and he did an adjustment. The bedrooms were then knocked back by the insurance company stating that it wasn't consistent with damage to the open plan area and that the first assessor denies I had even taken him through the bedrooms. After many arguments, phone call, emails etc the insurance company came back to me as they discovered the first assessor had written in his report that I stated the bedrooms. I think they realized they were in the wrong. I had to provide my own evidence to prove the water damage. They are now saying that they will only cover 50% of the cost of repairs. I think that I should not have to pay 50% when originally I included the bedrooms in my first claim. The first assessor denied this but it is written in his report. The second assessor said it wasn't consistent with the open plan area and because I had painted the bedrooms prior to the 2nd assessor to inspect so he said he couldn't see any damage and found it very strange that I would paint my rooms when putting in a claim. When the first assessor came the bedrooms HAD NOT been painted. Can you please give me some advice as to what I should do and if I have a case to fight. Many thanks. You can email me on***@******.*** many thanks. I really appreciate any advice you are able to offer.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.
Good MorningMy 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.You best option is to complain to the FOSTheir website is https://www.fos.org.auI hope you have all this in writing and that your contractor can support that the damage in the BR is also from the water damage. The service from the FOS is free and the insurer is bound by their decision. You have to get evidence as to what has to be done and causes of the damage to support your complaint. I hope this makes sense and is of assistance.
Expert:  Leon replied 8 months ago.
Good EveningJust following up my last post. If there is nothing else I can assist you with, thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon