EARTHQUAKE SERVICES:WE ARE ON YOUR SIDE
Since the earthquakes in Christchurch, Earthquake Services Ltd has grown to be New Zealand's largest privately-owned insurance advocacy and litigation funding service. We are not run or controlled by insurance companies and we don't back away from fighting for your full entitlement. We have helped hundreds of Cantabrians settle their earthquake claims, at levels far above their insurer's initial offer. Our 'no win, no fee' approach means NO cost to you unless we resolve your claim. What's more, we fund the entire process; you pay nothing out of your pocket until your claim is settled. Even though EQC and all major Insurance companies have now announced they will not rely on the Limitation Act as a defence until 4 Sept 2017, unless they have given this to you in writing about your specific claim we do not recommend relying on this general announcement. We urge all homeowners not to delay getting your claim filed in Court to protect your rights. A claim lodged with your insurer is not enough; you need to have legal proceedings underway to secure your claim. Through our ligigation funding company Claims Resolution Services (2015) Limited we offer a "No Win No pay" service. We fund the entire process and assume all risk of losing against your Insurance company or EQC.
Three steps to secure your full entitlement before the window of opportunity closes:
1. Come in and meet with our consultants to discuss our service. Once you have signed with us we will organise for a full damage assessment of your home. If after this initial inspection we find little or no damage and/or little prospect of a successful claim we will advise you of same and cancel your contract. You will have nothing to pay and at least have peace of mind.
2. If however after your damage assessment we confirm you have a claim worth pursuing, we will follow up with an engineering report to establish the repair strategy in line with your insurance policy.
3. Once we have the required reports, we will write to EQC and your Insurer on your behalf to see if they agree with the assessment. If they refuse to respond or disagree with your independent assessment, we will then take the steps necessary to have your claim filed in court. The reason we do this is (1) to protect your rights against the Limitation Act and (2) to ensure a structured time frame is set down which all parties have to adhere to this means eqc or the insurer can no longer ignore you and keep playing the delaying game with you. Less than 1% of our claims have ever gone to trial with the vast majority settled well before. We stand between you and EQC or your insurer and do the lifting for you.
We know how stressful the last 5 years has been. Come and talk to our friendly, helpful team and let us fight for you:
Bryan Staples CEO Earthquake Services
Claims Resolution Service (2015) Limited
Through our company Claims Resolution Service (2015) Ltd we are one of the New Zealand's largest litigation funding services. Not only do we fund earthquake litigation, we provide funding assistance for any worthwhile case. Bryan Staples say's, "Justice should be available to all, not just those with very deep pockets". Through our exposure to fighting for the underdog over last 5 years on earthquake insurance claims, we have seen far too many other cases not pursued simply because the victim has no funds to put their case in front of the courts. Please do not hesitate to contact us to discuss your specific needs.
We will look at all types of commercial litigation, intellectual property infringements, relationship property and general Insurance matters. If we agree to take on your case as the funder, we will assume a percentage of the risk on your behalf. How much that percentage will be will depend on our assessment of the risk involved.
Time is running out
Even though EQC and all major Insurance companies have now announced they will not rely on the Limitations Act as a defence until 4 Sept 2017 unless they have given this to you in writing about your specific claim we do not recommend relying on this general announcement.The clock is ticking on your capacity to lodge claims in court, so the time to act is now. It is over 5 years since the 4th September 2010 earthquake. Unsettled insurance claims exceed 6000. Who knows how many EQC building claims remain unsettled? EQC admits at least 5700 of its repairs need redoing.
Some experts say as many as 20,000 Fletcher EQR repairs could go over cap, if assessed properly.
The number of unsettled land claims is also unknown. Many thousands of sections have suffered increased flood and liquefaction vulnerability, retaining wall displacement, lateral spread and vertical settlement.
The 6-year limitation period to sue will come into play this year for the 4th September 2010 earthquake. The Insurance Council and EQC have made statements about their interpretation of the law. It would be dangerous to rely on these statements and postpone suing. The Limitation Act provides EQC and insurers with a defence against having to pay out your claim. It can take months to get claims ready to file in court, so don't delay. And don't think for a second if the threat of legal action is removed, that EQC and insurance companies will suddenly deal with your claim fairly. Have they done so to date? No. It is critical you act now to preserve your rights. If you do not file your claim in court by 3 September 2016 you may lose your ability to compel the insurer to pay your full entitlement under your policy.
Call us for a free inspection of your property and let's talk about how we can assist you.
Not just Canterbury homes were damaged by the earthquakes, but your land as well. Almost every section has either dropped, risen or moved sideways; many have increased flood and liquefaction vulnerability. Thanks to EQC, New Zealand is the only country in the world where you can insure land. Every house that had insurance at the time of the quakes also had EQC insurance on its land; yet very few homeowners have been paid for that damage and none we know of have been paid their full entitlement. Few people understand what they are entitled to with a land damage claim; even fewer understand how to assess the damage and cost the remediation. No other advocacy service that we know of is taking on these land claims. These are difficult claims to manage and less rewarding than housing or commercial claims. But if we can help you as a home-owner to get your full entitlement, we want to assist. Do not delay in contacting us about your land claim especially if you have been classified as having increased flood or liquefaction vulnerability. The clock is ticking on these just as with building claims. The Limitations Act will start affecting land claims, so get your claim filed now. After 3 September 2016 you may lose your legal rights.
If your unit or apartment has suffered earthquake-damaged and shares a wall(s) with another dwelling, chances are it will have been put into the ‘too hard’ basket by EQC or your insurer. Many people have been forced into arrangements with insurers where one insurer takes the lead and repairs the complex, often to a standard well below what your policy entitled you. If you are not happy with this arrangement or you are not happy with the standard of repairs being suggested or that have been done, you do not have to accept it. Your policy is with your insurer; just because you share common walls you do not have to work as a group. Make sure all your rights and entitlements are being protected. We can deal with your unit as if it were a stand-alone building. Do not accept less than what you are entitled. Call us now before it's too late. The Limitation Act affects you the same as it does everyone; 3rd Sept 2016 is the finish line for the September 2010 event.
If you are still struggling to get a fair settlement offer from EQC or your insurer, or are worried about the quality of repairs done to your home by Fletcher EQR, EQC or an insurer, contact us. Even if you have accepted a cash offer by EQC but believe it is insufficient – talk to us now; you still have time to put things right.
EQC has admitted there are thousands of homes repaired under its Fletcher EQR program where repairs are well below an acceptable standard. It is trying to blame the builders for the sub-standard work, but the core of the problem is the dodgy assessments and lower repair strategies undertaken by EQC and Fletcher EQR over the last 5 years. We have all heard the numerous excuses they reel out to trusting home owners; "Oh, that crack was there before the quakes,” or, “That wall lean is within the MBIE guidelines and we do not have to straighten it,” or “That hump in the floor is due to poor workmanship”. If the damage is not assessed properly and the repair strategies are inadequate, then no matter how good the builder, those repairs will fail if they have not already. Don't blame the builders, blame EQC and Fletcher EQR. In our opinion “Jack n Pack” is not a permanent fix to earthquake-damaged piles; epoxy glue is no solution to shattered slabs or ring foundations and a bucket of paint will not fix structural damage.
The responsibility for dodgy assessments and poor repair strategies lies with EQC and Fletchers EQR – phone us now for a no obligation and cost free inspection.
CALL US NOW before you run out of time. Ph 03-3778855, Don't be beaten by the Limitations Act.
If you have any questions about repairing your home or land, or how Earthquake Services operates, email me.