Property damage claims
Rail Projects Victoria is committed to minimising the impact of Metro Tunnel works on nearby properties.
Although the detailed assessment undertaken for the Project’s Environment Effects Statement found the likelihood of works causing property damage to be low, Rail Projects Victoria (RPV) takes the risk of damage to property as a result of construction very seriously.
A number of measures are being implemented to deal with these risks on the Metro Tunnel Project, including:
- Offering pre-construction and post-construction condition surveys of potentially affected properties on a proactive basis.
- Adoption of construction standards and guidelines that represent best practice.
- Stringent contractual requirements on contractors to prevent damage to properties.
- An over-arching requirement under the Project’s Environmental Management Framework to undertake any required repair works or other actions as agreed with the landowner for properties affected by ground movement.
- A comprehensive insurance program in respect of damage caused to third party properties implemented via the State’s own insurer, the Victorian Managed Insurance Authority (VMIA).
In addition to these measures, RPV has established procedures to ensure that, in the unlikely event that property damage arises, claims are dealt with in a way that is fair, efficient, timely and transparent for all parties. These procedures have been developed in conjunction with VMIA and contractors and are set out below.
Submitting a claim
You may submit a claim relating to property damage caused by the Metro Tunnel works in a number of ways, including:
- Online via our website
- Phoning the Metro Tunnel Project Information Line on 1800 105 105 (24 hours a day, 7 days a week)
- Write to us at GPO Box 4509, Melbourne, VIC 3001.
However, to ensure that your claim is progressed promptly, RPV recommends that you complete our online claim form so that RPV may refer your claim to the relevant contractor to progress.
You can also submit a claim relating to personal injury associated with Metro Tunnel works.
Where your claim relates to an immediate hazard caused by the Metro Tunnel Project, the relevant contractor will take immediate action to assess the situation and the need to undertake any urgent work to make your property safe.
We recommend you phone the Metro Tunnel Project Information Line on 1800 105 105 (24 hours a day, 7 days a week) if you believe there is an immediate hazard.
Investigating your claim
Following receipt of your claim, you will be contacted within 5 business days to acknowledge receipt of your claim. An appointment at a mutually convenient time to inspect your property and assess whether damage has been caused by Metro Tunnel works may then be required.
The assessment of damage may involve an inspection by a loss assessor and other experts with experience in construction matters such as builders, surveyors, etc. This may require more than one inspection of your property, but multiple inspections will be minimised.
This assessment shall have regard to any property condition survey previously carried out in respect of your property and will be undertaken at no cost to you.
Resolving your claim
At the same time as confirming receipt of your claim, you will be advised of the period of time required to assess your claim. More complex claims may take longer to resolve.
To the extent reasonably possible, your claim will be resolved in accordance with the following timeframes:
- for personal injury, within 20 Business Days
- for lower value property damage, within 20 Business Days
- for higher value property damage, within 30 Business Days
There will be regular updates where your claim takes longer to be resolved.
Following an inspection of your property, you will be advised of the assessment of your claim.
Where it is agreed that your property has been damaged as a result of Metro Tunnel works, your claim will be resolved by financial compensation or having the agreed repair works carried out.
Where your claim is not able to be resolved by agreement, you may choose to pursue your claim further.
Management of claims
Your claim will be managed by the relevant Metro Tunnel contractor or VMIA, depending on its value.
These parties shall ensure that your claim is managed in a fair, efficient and reasonable manner having regard to the complexity of the issues raised.
Note: where the relevant contractor or VMIA forms a view that your claim does not warrant investigation, they will notify you of their reasons for declining to investigate your claim.
If you are unsatisfied with how your claim has been managed, you may lodge a complaint with RPV. RPV will review your complaint and liaise with VMIA or the contractor (as applicable) regarding your concerns.