My business had a flood, and affected the showroom and the stock in warehouse. The repair company took over 2 months to

Expert's Assistant chat
Customer: hi there
JA: Hello. How can I help?
Customer: my business had a flood, and affected the showroom and the stock in warehouse. The repair company took over 2 months to even have all the stock rempoved , and then another month to have the outcome whether the items were dmaged or not.
JA: What state are you in? It matters because laws vary by location.
Customer: perth wa
JA: What steps have you taken so far?
Customer: I had customers waitinfg for the news , as i didnt know what to order unless it was inspected.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: due to negligence in the way thje claim was handled i ahve lost m business doing 1.5 million per annum
Answered by John Melis in 3 hours 2 years ago
imglogo
John Melis
10+ years of experience
logo

73008 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
John Melis
logo
logo
73008 Satisfied customers
logo
10+ years of experience
imglogo
John Melis
10+ years of experience
logo

73008 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

img

John Melis, Expert

Will be able to sue the the landlord potentially for failure to have proper water flow systems in respect to the flooding that occurred, additionally if you had insurance will also be able to raise a claim against the insurance company for failure to act in a timely manner, furthermore you'll also be able to raise a claim against the repairer for the delay in repairing the situation.

You have several aspects you can pursue in your best interest in seeking compensation on this particular matter.

Your Nextep is to engage a local lawyer to assist you in assessing your policy conditions and all the other aspects in pursuing claims against these parties for compensation including economic loss of your business revenue.

​Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
Currently its been almost 24 months Insurance negligently handled the claim and took 3 months to remove damaged soiled stock, which resulted in mould and I later found out a mould issue. /After this time the recovery company finished the damaged beyond repair and repairable list of stock, the assessor asked for an additional 2 weeks,As almost 4 months we had no incoming funds and I was spending my money in the 4 months to continue to pay vendors, staff, rent, liabilities as we were on 100-150k Per month gross these weren’t little bits of moneyI received no assistance from my insurance broker as I have now been informed had an obligation in the code to keep my best interests in mind, and assist with claim, and progress payments and assisting me to ensure this doesn’t affect me too badly.the assessor requested another 2 weeks.I reverted back to the now irate customers, who were extremely mad but accepted as a last time I could give them.The 2 weeks lapsed, and I followed up and the assessor wasn’t getting back to meI could feel the pressure form the influx of customers emails and calls , I called my broker who never pushed the envelope just advised me that the assessor wants more information on a refund I had given a customer who purchased a bed and assessor marked to not damaged and I then went and delivered a mouldy bed. and a receipt for a workstationI advised it was not on and not acceptable and the position I’m in, I had taken my home furnishings to the shop as the grade 1 furnishings took 16 weeks to make plus shipping and customs we were looking at 6 months more to be open , and my bank balance was not going to see it to the end of the week and that was without refunding anyone.The broker advised nothing can be done and not to call her mobile, which I only did due to my messages and emails not being replied to and needing a call and something done.The assessor took his 2 weeks and I advised why we didn’t listen to my suggestion and open everything as this is really bad on the brand, and it’s too much for me as now I had lost all staff.I advised in my policy there was claim preparation as insurance were asking for new reports and documents weekly which were taking so much time to find, and I couldn’t afford an accountant or staff I wanted to utilise a professional to handle the claim. I had provided more than enough to calculateHe advised if I appointed a claim preparer, he wouldn’t settle my claim today and we need to meet in the middle, I felt like I was being extorted and assigned one strait away.The assessor I later found out that day began an investigation on meFurniture repair report June 25, 2018
2 weeks – July10 ADVISED customers only 2 more weeks
Requested I didn’t appoint a claim preparer – end JulyThe abuse was bad before I was now needing to make the costs to cover the bare essentials, I had stripped the business outgoings down to requireRent bills contracts tax etc BASIC no pay for me I moved out of my home which had no furniture and moved and took a huge leap downwards to my mothers with a newborn baby.I couldn’t make a sale the sales used to flourish before with the abuse via fakebook on posts on comments, people furious as they felt they had been scammed, Abuse I store, customers abusing physically standing over, on the phone, via email threats, SMS, phone calls, people standing at shop advising any new customers not to buy and what do you think they did they didn’t buy. Our 100% sakes came or imitated form online prese=cense and marketing and deals and adverts, this was so tarnished, and I was pitting 1000% more and time into it and getting a very basic result. However, it was enough to not lose the shop and go bankrupt and order a container to resolve irate customers itemsAs we have a mark-up its cheaper and was doable to replace after working my arse off for no money, then to refund especially with the rate of the sales. Would take a year more to doI also took 70,000 in loans to assist me with buying stock, replacing and refunding some customers and paying debts, which I used to be offered loans 10 by different lenders the same day when applying, it took 3 months due to all the hits my credit rating had taken from the shop and delays in payments and non-payments.,I could only afford the bare essentialsIf I didn’t pay rent and I lost the shop and the 150,00 fit out I out into it we would be bankrupt insurance would have to pay due to not being registered anymore and customers would think it was true I was so a scam and would be on today tonight and reputation as already terrible this would be my my worst nightmareThe fall from having a=lots of money and my own house, new baby, very liked and admired.From being broke no money living at my mums, abused all day and night, fighting, screaming everyone not helping who should.I ended up in hospital with a nervous breakdown, due to acute stress. SEP 2018ThisWho were awaiting furn
Customer
for new homes, or settlements that we had held or sold before this arose?These customers now were at the tether and took it out on me, as they assumed, I was lying as professional people don’t keep changing the outcome time/datesThe construction now commenced at the showroom almost 4 months later, and the way they fixed my polished concrete rust from the flood furniture was add liquid paper over it and they saw mould in the wall panel and mentioned to the assessor who chose to overlook the matter.The brand was decreasing rapidlyCustomers going to today tonight and today tonight doing a story which is my biggest fear, also docpe department of consumer affairs commissioner was publicly naming me amongst their resources to stop the public going business and buying.I left hospital as the agents were taking the shop due to no rentI had to go into a new lease and pay more to not lose it and new terms like always be months in advance and pretty much paid to stay in shopCommissioner statement I needed lawyers and I needed money for rent, lawyers and left hospital and requested progress payment due to hardship and what was happening ton my broker and the assessor and was ignoredI was being treated like scum as I was now under investigation, and the investigation which started July 2018 – was based on information I had given the assessor and the investigator was dumfoundedI was stooped form getting my computers to trade and operate as I was under investigation when I left hospital and delayed my recovery to make sure my business didn’t go under, for the customers and for my son and my nameI contacted the investigator when this happened who advised that was finalised ages ago and his reports were sent , however the insurance still claiming we were under investigation , and weren’t being f fair an transparent so I had to make money, customers were not so angry they were ready for meI had to save my name and pay rent, or I would be kicked out of the shop and be bankrupt.I managed to do it and it took me disassociating with myself and needs and love for my baby and working and slugging and copping immense amounts of abuse and pain, tiredness, my nervous system was heightened very fight flight , emotional, I put everything to the side and left everyone to do what I had to do and make money and not let this destroy me.’I was informed of there investigation being finished in nov 2018 , so the investigation the insurance started over a document they thought I was being frequently with but was sent in wring currency by the system and the next day the correct currency was sent, took Sep-Nov 4 months in processing the claim. April-June 25 was waiting on recovery company, June 25 to end of July was waiting on assessor 2 x 2 weeks, and Sep- November was he investigation.We were now making a complaint with the internal department of the insurance company who needed 45 daysThis brought us to Jan 2019 -the insurance company requested more time and we allowed as we had no option which brought us up to Feb. 2019 which basically advised due to the ongoing investigation weren’t in a position to make an offerLawyers were involved in Feb. – oi saved amend worked and managed to stop the commissioner public statement, and pay the rent and bills and stop today tonight and reimburse customers with mt own work and blood, sweat and tears,The lawyers were directed to insurance lawyers who once again, asked for time to find out from the assessor handling and then boot getting back InTouch in the time and allowing the requested time to lapse and then making another excuse someone is away, we will be in a position to make an offer once we have information I haven’t supplied. The lawyers wrote back on. My demand please specify exactly what foursquare to settle the claim and when you asked for it and we will return with in 24 hrs , as we have provided everything and this is the b=first I have heard you are waiting on anything form us to slow down the already 1 year (indemnity period) settle delayLawyers required 2 weeks to find out what it was, I then told nobody and just vented to afca and they fast tracked my applicationThe lawyers had wind they I went to afca and made an offer of 75,000 my lawyers called excited or happy about I advised no way. We turned over 1.3- headed for 1.8 2018-2019 it was now 2019 June and the last we heard was 2 months ago was the documents they needed from us that was delaying their settlement.The insurance company jumped-up and down. That afca shouldn’t be involved because of different reasonsIt was in this moment I knew they knew they were at fault, which made it so much worse As they knowingly knew the policy responded to the event as they paid name 35,000 in May 2018 for stock and operating costs which was them accepting the events responded to the policy.,Afca and myself were going back and forth with organising a phone preliminary meeting, it was schedule
Customer
scheduled for July 2018 and then the insurance opted out and offer me 100,000 progress payment as this was about to go to the board to decide on the claimI received 100k, not something an innocent art would doIn that time, I paid the claim preparer the 30,000 he wasn’t paid when agreed to buy the company as he was the only one helping me and wasn’t right him. Not being paid.I bought stock and was doing a move to the sop taking my fit out and moving to a larger locationNov 2018 was the move = Upon moving my fit out 150k the workers discovered the entire shop wall panels flooring was riffled with toxic mould , and I couldn’t take it and had to destroy it as I didn’t have enough money to buy another fit out now due to negligence in handling the claim my entire content s and stock and fit out is contaminated with toxic black mould.I advised the agents who didn’t want to know, and I decided to move my items into a 3rd party warehouse facility and sell online with a tainted reputation., it’s not going that wellI am have gone to afca about my broker upon advice in a failing to advise me and costing me the turnover she didn’t update and penalties I’ll be charged for this because of that and also not assisting and outing progress payments to stop the business almost dissolvingI need to take my landlord to court – as they took my bond due to the mould and locked me out when I advised them as I advised the owners we needed to advise the health department as this is dangerous for population breathe in mainly elderly and infants .The business interruption is going to board to decide and I need to put. A final report in as the insurance company I want to send with a great wrap up and giving me the best hope for this endeavour I have faced, the most saddest part is I can’t have children and I cant get my babies first 2 years back being depressed and miserable and I’m needing to go in again as I have held on for as long as I can but I’m. not happy and not well and struggling with the most minute tasks and not functioning and hanging on for dear life for almost 2 years own.The insurance sneakily sends a m=report point pointing all the things they could possibly faulty dot my records to my refunds given and obviously with resources they have, anything they can make look bad they did and blamed the entire thing on meI look forward to some good advice and assistanceSim Eliz
img

John Melis, Expert

your next step is to start court action straight away

Just go to your local lawyer and they will commence the action for you

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer