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Can separate legal action be taken against strata for the things we cant claim on insurance?
I am not any kind of lawyer, let alone a personal injury brief, but this does point up a common misconception in strata living: In a nutshell, a strata scheme’s liability is not limited by the extent of its insurance cover.
In other words, your block may only be covered for the absolute minimum legal requirement under strata law, but it may have liabilities beyond that. Or the insurer may put a limit on the amount that it will pay under specific circumstances.
However, if the scheme is legally responsible for damages beyond the level of its cover, it still has to pay. Your real problem in this situation could be that the cost (in legal fees and time) of pursuing full restitution amy outweigh any financial benefit.
Chat to a lawyer. Many will give you a free 15-minute consultation to let you know your options and the likely outcome.
