A victim of the St Patricks Day bushfires claims a first-ever, no legal fees insurance company offer will forever change the compensation system.
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Jill Porter believes her family will be between 25 cents to 35 cents in the dollar better off in term of compensation for losses suffered in The Sisters/Garvoc bushfire on St Patrick’s Day – if a settlement can be reached with Powercor.
Powercor has already accepted its infrastructure was to blame for sparking The Sisters and Terang fires on March 17 this year.
The Sisters fire started after a rotten power pole fell over, while the Terang blaze started due to clashing powerlines dropping molten metal.
The articulate and astute Mrs Porter said her family now had a chance to recover from the fires with the best possible and most timely payouts.
She said the compensation would never cover the complete costs of the fire but gave her a chance to give back for the support received from organisations including Blaze Aid and the CFA.
Mrs Porter said the offer was a “game changer” for insured victims who had a strong case and would greatly reduce the potential for law firms to chase “huge fees” through class actions.
"Pending written confirmation we will in all likelihood accept this offer," she said.
"It's the best deal I've seen offered, without a shadow of a doubt. It's potentially a game-changer, not just for us but for all victims of bushfires.
"It lays a precedent with how insurance companies deals with fire victims."
Mrs Porter has become a leading voice in the aftermath of the devastating St Patrick's Day fires.
The Sisters fire started just metres from her home and burnt much of her and husband Brad's farm and stock.
Mrs Porter sought independent legal advice in Melbourne and found the current insurance compensation system was a “legal minefield”.
"People with an insurance policy will be a much better position moving forward. The outcomes will be far healthier with no insurance company legal fees," she said.
"There's also the potential for settlements to be achieved in a more timely manner."
Mrs Porter said the exact percentage saving for each victim would be different, but she estimated that her savings would be between 25 and 35 cents in the dollar - and even higher in a class action.
"If you look at what has happened historically in bushfires there have been all-in settlements and legal fees come out," she said.
"However, a class action is potentially the only action possible for someone without insurance. Pro-rata insurance will ensure there will be a fair and equal distribution.
"I have found my insurance company and their lawyers have been more than upfront and honest with us. People who have signed on with solicitors need to understand that it is now in their best interest to speak to their insurance company or seek independent legal advice.
"In terms of insured bushfire victims I believe this is a game changer, I can’t stress that enough," she said.
“I would encourage all victims of The Sisters and Terang to vigorously pursue independent legal advice. This no costs offer has never been made before and has the potential to change the whole system of compensation for bushfire victims,” she said.
A highly experienced lawyer in class actions, who did not wish to be named, admitted accepting the insurance companies' no cost offer was a reasonable path to pursue.
"All class actions are different. I would recommend that all victims get independent legal advice," he said.
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