Summer has only just arrived and already many Western Australians have been devastatingly affected by bushfires in the South West and in the hills. Media reports to date have been critical of the actions of State Government agencies for their roles played leading to the occurrence of these fires.
Premier Colin Barnett has announced that there will be an enquiry into the Margaret River fires to examine the causes of the fire and management of them. But if you are affected by fires, remember that regardless of the terms of reference and findings of the inquiry if State Government agencies were negligent, they may be required to compensate you for your losses, so far as money is able to do so.
You should not wait for the results of the inquiry before seeking legal advice. Whether you need to seek legal advice will depend upon whether you are confident that you are fully insured for your losses.
Bushfire victims may be able to recover some of their losses against their insurer. To what extent and which losses can be recovered will depend on the particular policy of insurance held. In most cases, bushfire victims will be able to claim against their insurer without the need to seek any legal assistance. However there may be circumstances where disputes arise between a bushfire victim and an insurance company over the extent or nature of loss covered by the insurance policy. If this is the case for you, Gibson & Gibson can advise you in relation to your rights and can deal with the insurance company on your behalf to resolve the matter.
Even the most comprehensive insurance policies may not cover you for all of your losses resulting from fire. Even if you had insurance, and especially where loss was uninsured, it may pay to seek advice about whether you can sue other parties for compensation.
If you have a negligence claim against a State Government agency some of the categories for bushfire losses for which financial compensation can be recovered include:
a) Costs of cleanup associated with the bushfire;
b) Loss of vehicles, plant, machinery, fences, places of residence and buildings (property damage);
c) Contents of residences or other buildings;
d) loss to livestock, stock, crops, trees and gardens;
e) damages for personal injuries ;and
f) loss of income.
If you need advice on what compensation you can recover and against whom, contact one of Gibson & Gibson’s litigation team on 6313 6100 or email principals@gibson-gibson.com.au.