Various areas in New South Wales and Queensland have been affected by floods, and for some, cut off from outside assistance. During this time, we encourage those affected by the floods to consider the following:

1. Whether you have home building and/or contents insurance or car insurance. If you do, contact your insurance company to:

(a) Register a claim as soon as possible. It does not matter that your policy documents have been lost as your insurer can easily verify any cover you have with them. If you do not know the name of your insurer you can ask for assistance from the Insurance Council of Australia on 1300 728 228. For general information on how to make a claim please see our Fact sheets : Making a claim on home & contents insurance and Making a claim on car insurance .

(b) Find out whether you are entitled to emergency accommodation under your policy and for how long.

(c) The General Insurance Code of Practice also obliges your insurer to fast-track your claim if you are in urgent financial need (Clause 3.7a) and to make an advance payment if appropriate (Clause 3.7b). Remember that any advance payment will be deducted from the total value of your claim.

2. Start collecting detailed evidence about the damage. The more detail you obtain, the easier it is to establish the cause of the loss. You should try to gather evidence such as:

(a) Eyewitness accounts about the time the water entered the house, the level it rose to, where it came from, how it first entered the house (for example, through toilets and showers or over land) and whether the water level increased in stages or at a steady and uniform rate;

(b) Maps showing rainwater drains in the area (copies may be obtained from councils);

(c) Information about when any river levels peaked;

(d) Photos, videos and other records of the flood, including home videos and, if possible, news footage.

3. When communicating with your insurer, be precise and only provide information within your actual knowledge without any assumptions (for example, if you don’t know where the water entered through the toilets or the laundry first, do not guess or assume).

4. You should obtain the insurer’s approval before conducting any repair.

5. You may obtain more detailed information about flood claims by downloading Turning the Tide: Storms, Floods, Insurance and You , or a two-page factsheet Storms, Floods, Insurance and You published by the Legal Aid Commission of New South Wales. Although the information provided in these publications generally applies to all states and territories, residents outside New South Wales should contact their local Legal Aid office for legal information, advice and/or appropriate referrals.

6. If you have a question about claiming on your insurance policy or you have a dispute with your insurance company further down the track, you can call the Insurance Law Service on 1300 663 464 or the Insurance Ombudsman on 1300 780 808.

7. Do you have a mortgage or other loans? If you are paying off your home, you will be legally obliged to meet your mortgage repayments, even if your home has been damaged by floods. Not paying your loan pending the outcome of an insurance claim will result in additional interest and enforcement fees being added to your loan and may result in legal action. You should contact your lender immediately to ask for hardship assistance.

8. The insurer is also obliged to notify your financial institution about the claim (for example, where there is a mortgage over your home) under the General Insurance Code of Practice, but you must let the insurer know about the financial institution’s interest.

9. If you have other loans you cannot pay as a result of hardship you should also contact your lender. You may have a legal right to a hardship variation on your loan, or your lender could be obliged to work with you under an industry code of practice. However, special relief offered by some institutions may be more beneficial and you should explore that avenue first.

10. For residents of New South Wales:

(a) For general information on hardship variations, please see our Factsheet : Hardship variations on consumer loans and Sample letter : Request for Hardship Variation .

(b) If you are a tenant affected by the floods from having your rental property damaged or destroyed, please contact your local Tenants Advice and Advocacy Service for tenancy advice. You can find your local service by visiting www.tenants.org.au or call 02 8117 3700.

(c) If you cannot pay your loan and cannot reach an agreement with your lender, call the Credit and Debt Hotline on 1800 808 488.

(d) Free legal advice is also available from the following offices:

Legal Aid NSW Head Office : 02 9219 5000

LawAccess NSW : 1300 888 529

Combined Community Legal Centres : 02 9212 7333

11. For residents of Queensland:

(a) For general information on insurance claims, please see Legal Aid Factsheet : Need help getting an insurance claim paid .

(b) For general information on hardship variations, please see Legal Aid Factsheet: How do I change the terms of my loan .

(c) For free legal information in Queensland and factsheets about your legal rights and obligations and the legal processes, please call 1300 65 11 88 or visit www.legalaid.qld.gov.au .

(d) If you are a tenant affected by the floods from having your rental property damaged or destroyed, please contact Tenants’ Union of Queensland on 07 3257 1108 or 1800 177 761 (outside Brisbane) or visit www.tuq.org.au.

12. Further information for all:

(a) Insurance Law Service : 1300 663 464

(b) Financial Ombudsman Service : 1300 78 08 08

(c) Insurance Council of Australia : 1300 728 228

(d) You may obtain a copy of the General Insurance Code of Practice by visiting www.codeofpractice.com.au.