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Property Damage - Overview

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If your home or other property has been damaged, as a result of another person’s actions, you may be entitled to claim compensation.  

Typically, property damage claims arise as a result of another party’s negligence (i.e. a person not acting reasonably), failure of a contractor to comply with the implied terms of a contract to undertake work with appropriate skill and care, or a failure to comply with statutory obligations (for example, Consumer Legislation which requires manufacturers to ensure their goods are fit for purpose).  

Examples of these types of claims include:

  • Impact damage to your property, for example; a car crash or a tree falling and causing damage.
  • Flooding to your home, for example; a burst pipe, overflowing washing machine, leaking dishwasher, failed hot water service or sewerage overflow.  
  • Property fire resulting from a failed appliance, for example; faulty smart meter, incorrect installation of insulation, down lights, evaporative air conditioners and the like.
  • Faulty workmanship in relation to plumbing, electrical works and the like.
  • Major defects with building works.
  • Neighbour disputes, for example; water seeping from your neighbour’s property or tree roots causing damage.  

Most property owners have insurance. However, often this does not cover your full loss and you are left significantly out of pocket. National Compensation Lawyers can assist you in recovering these losses.

The success of these claims is dependent on the evidence. Manufacturers and at fault parties will fight these claims aggressively. Accordingly, it is necessary to make the appropriate enquiries as soon as possible after the incident. However, even if you instruct National Compensation Lawyers sometime afterwards, we are often able to reconstruct the evidence by obtaining full instructions from you, interviewing witnesses, or obtaining reports from the Police, Fire Brigade and other Authorities.  

It is very important to note there are strict time limits for pursuing these claims, which vary dramatically depending on the circumstances. We recommend you urgently contact National Compensation Lawyers to obtain further advice in this regard.  

The compensation awarded by the Court is made in an attempt to put you back into the position you were in before the incident. It is necessary to properly identify and work out the financial extent of your losses so as to ensure all compensation entitlements are obtained. National Compensation Lawyers will assist you in quantifying your claim.

It is important to note that if you have suffered a physical or psychological injury as a result of the incident, you may be able to make an additional claim. We refer you to our public liability section [hyperlink to public liability/other accidents page]

There is significant Law surrounding property damage claims. You will need expert advice regarding your claim and entitlements. At National Compensation Lawyers, we provide this advice and progress your claim to ensure the prompt resolution of claims, payment of your damages and other compensation entitlements.

National Compensation Lawyers offer visiting services throughout Victoria.  

National Compensation Lawyers act on a “No Win, No Fee” basis. Simply put, this means that if we do not win you do not pay our legal fees. Please read more about property damage claims in our FAQ section.

Our Commitment To You

National Compensation Lawyers are Fearless. We will take on large corporations and their lawyers.  

National Compensation Lawyers are Determined. We will fight to ensure you receive you maximum compensation entitlements.

National Compensation Lawyers are Compassionate. We genuinely care. We will guide you through the claim or legal process with patience and understanding.  

For more information, or to arrange an obligation-free consultation with a lawyer please call us on 1300 FEARLESS (1300 332 753).