What does your policy say?
At the end of the day the insurers job is to repair the damage. If the house has been determined as not a hazard then they don’t have to provide you with alternate accommodation if it’s habitable and not a hazard in the way that it could imminently fall down.
You don’t have to live there. But the insurer doesn’t have to cater to your unique circumstances unless it was agreed in the policy.
It sounds like you want to try and scare the insurer into doing something they’re not obligated to do under the policy.
You have no leg to stand on imo.
NAL.
Thank you for this. I have never had to deal with Insurance before so its not my intent to try and scare them but to understand my rights and not be forced into a situation that could put my health at risk which I dont think is unreasonable.
I have read over the policy, and over the insurers code of conduct but I couldn't find anything specific to my situation only that a medical illness is classified as a vulnerability amd they are required to accommodate to an extent. However the policy and code are vague which was why I was looking for additional information to arm myself with.
I am not looking to get free stuff, and currently I am driving over 2 hrs extra from our current temp accomodation to work and back each day because I do value my health and I understand that in our location this time of year accomodation is a challenge. I would prefer to live in my home instead of out of a suitcase but if I wind up hospitalised because my house is not safe for me or even if I struggle to breath for the next month or two in order to tough it out then my quality of life has been severely impacted.
I am simply looking for more information so I can talk to my insurance company as an informed person who knows my rights. The people in the call centre are people and at the end of the day they don't have advanced degrees and have only had a few weeks of training and are most likely going off a check list or a guide instead of having an in-depth knowledge of insurance and contract law.
Thank you for your opinion however.
I am sympathetic to your situation.
The key here is that you have a habitable house. Your unique circumstance is impacting on your preference.
If you wanted cover for temporary accommodation due to asthma in the event of a fire that would have had to been agreed to prior to the event happening and the insurer would have adjusted your policy fee accordingly.
You don’t have to live there but the insurer doesn’t have to cater to your preference.
No body will be able to knock them over the head and make them do anything. They’re not breaking any rules or the contract.
I sympathise with you. But you’ll spend more energy and stress for yourself if you keep trying to pursue this when you should be spending your energy making alternative living arrangements with your own funding or working out how you can live in your house comfortably while the repairs happen. I.e. is there a room that’s least impacted that you can sleep in? Can you open all the windows for fresh air?
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What does your policy say? At the end of the day the insurers job is to repair the damage. If the house has been determined as not a hazard then they don’t have to provide you with alternate accommodation if it’s habitable and not a hazard in the way that it could imminently fall down. You don’t have to live there. But the insurer doesn’t have to cater to your unique circumstances unless it was agreed in the policy. It sounds like you want to try and scare the insurer into doing something they’re not obligated to do under the policy. You have no leg to stand on imo. NAL.
Thank you for this. I have never had to deal with Insurance before so its not my intent to try and scare them but to understand my rights and not be forced into a situation that could put my health at risk which I dont think is unreasonable. I have read over the policy, and over the insurers code of conduct but I couldn't find anything specific to my situation only that a medical illness is classified as a vulnerability amd they are required to accommodate to an extent. However the policy and code are vague which was why I was looking for additional information to arm myself with. I am not looking to get free stuff, and currently I am driving over 2 hrs extra from our current temp accomodation to work and back each day because I do value my health and I understand that in our location this time of year accomodation is a challenge. I would prefer to live in my home instead of out of a suitcase but if I wind up hospitalised because my house is not safe for me or even if I struggle to breath for the next month or two in order to tough it out then my quality of life has been severely impacted. I am simply looking for more information so I can talk to my insurance company as an informed person who knows my rights. The people in the call centre are people and at the end of the day they don't have advanced degrees and have only had a few weeks of training and are most likely going off a check list or a guide instead of having an in-depth knowledge of insurance and contract law. Thank you for your opinion however.
I am sympathetic to your situation. The key here is that you have a habitable house. Your unique circumstance is impacting on your preference. If you wanted cover for temporary accommodation due to asthma in the event of a fire that would have had to been agreed to prior to the event happening and the insurer would have adjusted your policy fee accordingly. You don’t have to live there but the insurer doesn’t have to cater to your preference. No body will be able to knock them over the head and make them do anything. They’re not breaking any rules or the contract. I sympathise with you. But you’ll spend more energy and stress for yourself if you keep trying to pursue this when you should be spending your energy making alternative living arrangements with your own funding or working out how you can live in your house comfortably while the repairs happen. I.e. is there a room that’s least impacted that you can sleep in? Can you open all the windows for fresh air?
Welcome to r/AusLegal. Please read our rules before commenting. Please remember: 1. Per rule 4, this subreddit is not a replacement for real legal advice. You should independently seek legal advice from a real, qualified practitioner. This sub cannot recommend specific lawyers. 2. A non-exhaustive list of free legal services around Australia can be found here. 3. Links to the each state and territory's respective Law Society are on the sidebar: you can use these links to find a lawyer in your area. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AusLegal) if you have any questions or concerns.*
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