Property Damage Claims Start With the Right Expert Investigation
Property damage legal cases…they start with a great expert investigation by a specialist lawyer!
Why?
There are probably 5 legal outcomes that property damage cases could lead to.
AND success in the legal side of property damage loss is measured by proofs that substantiate the necessary elements of each cause of action.
Yes, I know you can arrange your own engineer but instructing experts for successful legal cases starts with knowing the specific legal proofs required of a range of causes of action against a range or parties.
Causes of action / parties, think of:
- Builder warranty claim or contract /negligence claim against your builder, plumber, engineer, architect etc;
- Insurance claims against a property insurer, plumbing insurer, s601AG claim against the insurer of a deregistered company, domestic builders warranty insurer, public liability and PI insurer;
- Water Act claim against a neighbour, OC, council or water authority;
- Professional liability claim (negligence or misleading and deceptive conduct) against various parties including RBS, engineer, architect, strata manager, property manager, insurance broker…all should have PI insurance;
- Maybe you have a combination of the above or maybe none at all!
But my point here is this: proving a claim starts with knowing what evidence is needed for what claim…
It doesn’t matter if the property is residential, commercial or industrial:
- The cause of the property damage is key to knowing which legal claim applies.
- Knowing how to instruct and guide experts to ascertain the right answer requires an experienced lawyer.
Why?
Just because you think you have a covered insurance claim doesn’t mean that you do.
Say, if the cause is related to non-compliance in building work, like roof plumbing - that is a warranty or negligence claim against the builder or plumber. Sure, your insurance claim is denied BUT maybe rightly so.
Say, we properly investigate the cause of water that is damaging your property and find out it is from a neighbour and that is a section 16 Water Act claim against a neighbour.
Or
An underground water pipe owned by an authority is causing a leak and they knew about it - that is a section 157 Water Act claim which requires difference proof akin to negligence.
If you have property damage and the loss is substantial, at least $100,000 plus it is worth engaging a specialist property damage lawyer.
If you ask me: “ Blair, what are you? An insurance lawyer, professional liability or building and construction lawyer?”
You get this answer:
I am a property damage dispute lawyer who is pretty much obsessed with:
- cause of damage,
- engaging experts, and
- cause of action and party selection.
If you have a case like this even if you are another lawyer reach out. Whilst most know I am pretty much booked all day long we have a growing team Brockhill & Usherwood Lawyers and we all love to find a payment source for your property damage case.
This article is a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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