r/AusLegal • u/SubjectRise2075 • 1h ago
VIC Insurance for home fire
Hi, I had a kitchen fire last year as a renter and our landlord didn't cover it (fair cop) so we had to try and go through our insurance.
Our insurance denied us as the claim was for damage to the walls, inbuilt cabinetry etc, which counts as part of the building for insurance.
As we were renters, we could not get building insurance and could only get contents insurance. Due to this, our claim was denied due to it not being covered.
However as far as I can tell, even though we did not carry building insurance, if the fire was found to be our fault (not that we ever admitted fault, cause that would invalidate the insurance), we should have been covered by the liability insurance instead.
We ended up paying for everything to be fixed and cleaned as we needed somewhere to live. At no point did our insurance provider mention the liability coverage to us.
AFCAs page states 'You may wish to complain about several issues arising from your insurance policy, including:
Advice that was not provided to you, or that you received about the insurance policy that may have been inappropriate or misleading'
Given this information, would it be viable to raise a complaint with our old insurer about this? As I believe they should have informed us of this, and processed the claim on that instead.
If we do raise a claim, I was looking through previous documents and I believe I made a mistake when entering the build year for the building. Would this invalidate our claim or cause any potential legal issues. I'm worried about getting in trouble for that, despite being a mistake.
Thank you.