07 January 2013

Time running out for Queensland flood victims to make claims to the Financial Ombudsman

 
Robert Assenberg and Margaret Gellel
Margaret Gellel and Robert Assenberg outside their
Paddington home and the high-water mark
from the 2011 flood (inset).

TIME is running out for victims of the 2011 floods who were knocked back by their insurers but could still have a claim, experts say. 
  
The Financial Ombudsman, who decides such disputes, can accept cases only up to two years after the first rejection.
 
This means there are only a few months left for most potential claimants, says Scott McDougall, director of Caxton Legal Centre, Queensland's oldest community law service.
 
Caxton and Legal Aid Queensland, which offers a similar service, both say that there are many flood victims who should have challenged their insurers but have been too traumatised to do so.
 
"When your house has been flooded people have so many other stresses and concerns," Mr McDougall said.
 
The legal centre has so far helped more than 200 flood victims and secured payouts totalling $5 million for about 120 of those.
 
Mr McDougall said RACQ customers who were flooded before 4am on January 12, 2011, and were not paid out should challenge the decision. He also said flood victims insured with Real Insurance should query the company's policy of a maximum $15,000 payout. The ombudsman had found Real had not properly informed customers of this policy, he said.
 
Margaret Gellel and Robert Assenberg in their flooded Paddington kitchen
Margaret Gellel, 71, is comforted by her partner,
Robert Assenberg, 72, in their flooded kitchen
back in January 2011.

Robert Assenberg, whose Paddington house was submerged on January 11, 2011, is expecting a payout after hearing last month that the ombudsman had overturned his knock-back by RACQ.
 
He said damage had been worth more than $100,000 and he had repaired it himself.
 
"I'm a qualified carpenter and did it all myself," he said.
 
Mr Assenberg said assessors and hydrologists had done reports on the house but "were all contradicting each other".
 
"We had three or four different floods here," he said.
 
"The ombudsman has decided we were victims of flash flood, which was responsible for the first 200mm."
 
Mr Assenberg initially thought he was covered for flood after receiving a payout after some minor flooding damage in 2008. He has since marked flood heights on the front of his house with arrows.
 
"I don't give up until the war is done and there's a winner or a loser," said the Dutchman, who came to Australia in 1980 to build a boat for a family friend and never went home.
 
www.CourierMail.com.au
 
7.1.13