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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19102
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am self employed, I was offered mediation by EQC, Can I claim

Resolved Question:

I am self employed, I was offered mediation by EQC, Can I claim loss of earnings as part of the EQC mediation process, they tell me I can not but do not provide a reference to back this up? If I am able to claim loss of income where do I find the reference to this and if not where is their reference located to back up their statement.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : Mediation is a voluntary process, although EQC can only pay out what their legislation says can be covered.
Chris The Lawyer : Loss of income is not covered unless you have a specific loss of income policy, and this is outside of the scope of the EQC cover.
Chris The Lawyer : You are only insured for property damage under the EQC scheme, so they cannot offer loss of income.
Chris The Lawyer : The reference is their statute, at http://www.legislation.govt.nz/act/public/1993/0084/latest/DLM305968.html?search=ts_act%40bill%40regulation%40deemedreg_Earthquake+_resel_25_a&p=1
Customer:

Yes I understand that, but can I claim from them a loss of income to attend a mediation they offered

Chris The Lawyer : If you look at the statute, it only covers property damage.
Chris The Lawyer : I understand, but the logic is the same. They can only pay for the statutory cover and the mediation scheme does not provide for your loss of income
Customer:

so they will not assist with payment for loss of income for the customers attendance at mediation

Chris The Lawyer : No, although they could contribute as part of a settlement, something to take this into account. They cannot pay this in advance however.
Customer:

Ok Chris, thanks, XXXXX XXXXX above to the act, which part do I find the ref to costs in this case.

Chris The Lawyer : There is no reference, but they do have discretion on the settlements, and could adjust the figure to take this into account. They could not specifically give you the actual losses however
Customer:

chris thanks

Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 19102
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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