#85232
Jimmy-T
Keymaster

    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.

    If you want to be alerted when anyone replies to your posts or responds to this topic, please register and login, then you will be able to subscribe to the topic. The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers. NB: Longer threads may spill over to additional pages - look for the numbers on the bottom right, under the last post.