Maddens Lawyers

2013 Mount Victoria Bushfire



2013 Mount Victoria Bushfire Frequently Asked Questions

I believe that I was fully insured. Why should I make a claim?

It is unlikely you were fully insured. For example, if you lost pasture, trees, gardens or fencing, chances are those items were not insured. Even when insurance recovery is available, most fire victims find their insurance recovery is far less than is required for to compensate them for their losses. Insurance companies are likely to seek recovery of their losses through the legal process known as subrogation, but will not seek to recover your uninsured losses as part of their claim. We will assist you to ensure you make a claim which includes ALL your losses, whether insured, under insured or uninsured.

In the event of a successful claim, will my legal costs exceed the amount of any compensation payable as a result of my bushfire loss and damage?

No. Group Members will never be in a position where legal costs exceed the net amount of compensation payable in respect of their bushfire loss and damage.

What will my costs be if my claim is successful?

In the event of a successful class action, the Defendant will be required to pay a significant proportion of the legal costs. We have provided detailed costs estimates in our Cost Disclosure Notice. We do not calculate costs as a percentage of damages recovered for each client. Any shortfall on legal costs actually incurred and the costs recovered from the defendant will be divided across the group. Your costs contribution will be calculated on a rateable proportion of the sum you recover as a fraction of the total damages recovered in the class action.