NSW Storage damage due to storage company construction upgrades

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
26 June 2017
2
0
1
Hi everyone, thanks so much for stopping in to read my query.

I had a storage unit with Kennards storage in Sydney. The company did some did some upgrades to their building and the construction company doing the work caused damage to a pipe over my unit which sprayed water all over my belongings. Half of my stuff was water damaged which I had to leave behind for their "assessed". I'Ve been told everything will be covered by the construction companies insurance policy, however I am consistently being told different information. I want to be present when the assessor evaluates everything. Should they cover my flights and accommodation?

I was told by kennards that the insurance company would cover flights and accommodation for me to return to Sydney in order to evaluate my belongings. However they are no longer charging me for the unit now and they have put their own locks on the door. (I came back this weekend just passed to grab anything that wasn't damaged). Kennards told me an assessor would evaluate all the damages, however the insurance company is telling me I have to fill out a claim form.

I'm so worried about all of this. Kennards didn't inform me there was a leak over my unit. They didn't ask for my permission to move my belongings to another unit and yet they did - I only discovered once I arrived this weekend. I'm worried what else they will do without communicating with me.

Any advice would be really welcome. I've taken photos of the damage but I need to assess the damage more thoroughly in person by collecting serial numbers etc off my electronic equipment.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Filling in a claim form is standard practice and benefits you. Kennards have an obligation to protect your property and if that means moving your belongings to a 'dry' storage unit they are under an obligation to do so.

They should still allow access. After all, the belongings are your property.
 
26 June 2017
2
0
1
Filling in a claim form is standard practice and benefits you. Kennards have an obligation to protect your property and if that means moving your belongings to a 'dry' storage unit they are under an obligation to do so.

They should still allow access. After all, the belongings are your property.
Kennards will only cover $1000 worth of the damage which is outlined in my clause. The problem is I didn't have enough time to do a full assessment of the damage. I would have stayed in Sydney for an extra day but the staff member assured me they would get an assessor in and that any flights and accommodation would be covered by the insurer if I needed to come back to Sydney. Kennards insurance won't cover it (I called them and asked), so now I have to check with the building construction insurer.

The thing is doesn't word of mouth stand for anything? My friend was with me when the staff member told us all this. I need to go back to Sydney to assess everything better to make a proper claim since their not actually going to get an assessor now. I feel like I should be entitled to flights and accommodation since this was their error and the reason why I couldn't make a proper assessment is because they gave me inaccurate information.