Is there anything that people in RoI won't take to court?

Started by Owen Brannigan, April 27, 2017, 04:50:35 PM

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Tony Baloney

I'm not talking about cases that make the media. I'm talking about low level claims for a few grand. My wife was involved in an accident a few years and and she got rang by a company in Lurg a  about making a claim which she said she had no interest in as she wasn't injured. He rang every day for the next 3 days trying to change her mind, until eventually I went on the phone and told him to sling his hook. You can't tell me these low level, relatively low value personal injury claims aren't endemic.

Avondhu star

Quote from: Tony Baloney on May 06, 2018, 10:55:37 AM
I'm not talking about cases that make the media. I'm talking about low level claims for a few grand. My wife was involved in an accident a few years and and she got rang by a company in Lurg a  about making a claim which she said she had no interest in as she wasn't injured. He rang every day for the next 3 days trying to change her mind, until eventually I went on the phone and told him to sling his hook. You can't tell me these low level, relatively low value personal injury claims aren't endemic.

Me back is hurted boss. I'll never work again
Lee Harvey Oswald , your country needs you

brokencrossbar1

Quote from: Tony Baloney on May 06, 2018, 10:55:37 AM
I'm not talking about cases that make the media. I'm talking about low level claims for a few grand. My wife was involved in an accident a few years and and she got rang by a company in Lurg a  about making a claim which she said she had no interest in as she wasn't injured. He rang every day for the next 3 days trying to change her mind, until eventually I went on the phone and told him to sling his hook. You can't tell me these low level, relatively low value personal injury claims aren't endemic.

That's wrong you see and I have an issue with that. The reality is that solicitor was probably to the wall and needed every case to keep afloat. He should look at his own set up if that is the case. I know there are solicitors who operate like that and that is what gives the rest of us a bad name!!

David McKeown

There are others who get a bad name unjustifiably. I was recently involved in a bad crash when I was stationery in traffic and was hit so hard from behind that it caused a 4 car pile up. I reported the matter to my insurer even though I wasn't at fault. Their initial reaction was to arrange to have the vehicle picked up by 7.11pm the accident having occurred around 4pm. I was supposed to wait with the car but I had to be taken to the hospital after the accident due to concussion and neck, shoulder and back injuries. Police later informed me that the car was still there near midnight.

The next day my insurance company informed me I was to be held liable on the basis that I should have been far enough back (when stationery) to ensure that if someone did hit me that I could stop hitting the cars in front. Setting aside the fallacy of their logic that they wanted me to be liable for hitting cars 3 and 4 (not just car 3) the girl who hit me had already admitted liability to the police and been cautioned for careless driving. They then asked me to pay up front for legal advice from one of their partner solicitors. I declined given how they wanted me to be liable. Had I not known better I might have taken their atrocious advice.

As a result I instructed an accident management company who have been superb. They had a courtesy car for me within 2 hours. Had appointments made for medical treatment again within hours and took on negotiating the claim on my behalf all at no expense to me. They have been nothing short of fantastic but now 6 or so weeks on I still haven't recieved payment for my car (which was written off) from the other insurer not because they are disputing liability or the pre-accident value of my car but because they are disputing the post accident value by approximately £300. The irony being that every day they waste means hundreds of pounds in car hire fees they are going to have to meet.

I'm most definitely not swinging the lead here. I had a bad concussion and am still in considerable pain. A lot of my stuff was damaged in the accident.  Were I not self employed I would justifiably still be off work but the way the insurers on both sides have gotten on has been disgraceful.

The problem is the accident management company are seen as the bad guys in all of this and the insurers lauded as some kind of victim of claim culture.
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Insane Bolt

I believe a lot of insurance companies will not contest a lot of claims if personal injury is under 10K.
I had an accident with a van ....reversed into side rolling door, bump in door, no personal injury yet claim ended up just under 7000! Only found out when changing car 6 months later.

trueblue1234

Quote from: David McKeown on May 06, 2018, 01:15:35 PM
There are others who get a bad name unjustifiably. I was recently involved in a bad crash when I was stationery in traffic and was hit so hard from behind that it caused a 4 car pile up. I reported the matter to my insurer even though I wasn't at fault. Their initial reaction was to arrange to have the vehicle picked up by 7.11pm the accident having occurred around 4pm. I was supposed to wait with the car but I had to be taken to the hospital after the accident due to concussion and neck, shoulder and back injuries. Police later informed me that the car was still there near midnight.

The next day my insurance company informed me I was to be held liable on the basis that I should have been far enough back (when stationery) to ensure that if someone did hit me that I could stop hitting the cars in front. Setting aside the fallacy of their logic that they wanted me to be liable for hitting cars 3 and 4 (not just car 3) the girl who hit me had already admitted liability to the police and been cautioned for careless driving. They then asked me to pay up front for legal advice from one of their partner solicitors. I declined given how they wanted me to be liable. Had I not known better I might have taken their atrocious advice.

As a result I instructed an accident management company who have been superb. They had a courtesy car for me within 2 hours. Had appointments made for medical treatment again within hours and took on negotiating the claim on my behalf all at no expense to me. They have been nothing short of fantastic but now 6 or so weeks on I still haven't recieved payment for my car (which was written off) from the other insurer not because they are disputing liability or the pre-accident value of my car but because they are disputing the post accident value by approximately £300. The irony being that every day they waste means hundreds of pounds in car hire fees they are going to have to meet.

I'm most definitely not swinging the lead here. I had a bad concussion and am still in considerable pain. A lot of my stuff was damaged in the accident.  Were I not self employed I would justifiably still be off work but the way the insurers on both sides have gotten on has been disgraceful.

The problem is the accident management company are seen as the bad guys in all of this and the insurers lauded as some kind of victim of claim culture.

To be fair accident management companies have to take their share of the blame too. Some of the car hire and salvage storages costs they add are ridiculous. Despite what they say, they rarely look to minimise costs on claims and have been part of the reason insurance premiums have been driven up. That's before you take into account some of the more questionable ones over in England.
Grammar: the difference between knowing your shit

Rois

I have done a fair bit of financial work in the insurance industry. Insuring underwriters (obviously) give better rates to firms that don't use accident management companies.
My OH just closed out a claim where someone went into the back of him, admitted liability, and he managed to get back the full value of the car he had paid for about 3 months previously. He didn't take a hire car or claim for personal injury, and I think that helped him recover the full value.

David McKeown

Quote from: trueblue1234 on May 06, 2018, 08:42:26 PM
Quote from: David McKeown on May 06, 2018, 01:15:35 PM
There are others who get a bad name unjustifiably. I was recently involved in a bad crash when I was stationery in traffic and was hit so hard from behind that it caused a 4 car pile up. I reported the matter to my insurer even though I wasn't at fault. Their initial reaction was to arrange to have the vehicle picked up by 7.11pm the accident having occurred around 4pm. I was supposed to wait with the car but I had to be taken to the hospital after the accident due to concussion and neck, shoulder and back injuries. Police later informed me that the car was still there near midnight.

The next day my insurance company informed me I was to be held liable on the basis that I should have been far enough back (when stationery) to ensure that if someone did hit me that I could stop hitting the cars in front. Setting aside the fallacy of their logic that they wanted me to be liable for hitting cars 3 and 4 (not just car 3) the girl who hit me had already admitted liability to the police and been cautioned for careless driving. They then asked me to pay up front for legal advice from one of their partner solicitors. I declined given how they wanted me to be liable. Had I not known better I might have taken their atrocious advice.

As a result I instructed an accident management company who have been superb. They had a courtesy car for me within 2 hours. Had appointments made for medical treatment again within hours and took on negotiating the claim on my behalf all at no expense to me. They have been nothing short of fantastic but now 6 or so weeks on I still haven't recieved payment for my car (which was written off) from the other insurer not because they are disputing liability or the pre-accident value of my car but because they are disputing the post accident value by approximately £300. The irony being that every day they waste means hundreds of pounds in car hire fees they are going to have to meet.

I'm most definitely not swinging the lead here. I had a bad concussion and am still in considerable pain. A lot of my stuff was damaged in the accident.  Were I not self employed I would justifiably still be off work but the way the insurers on both sides have gotten on has been disgraceful.

The problem is the accident management company are seen as the bad guys in all of this and the insurers lauded as some kind of victim of claim culture.

To be fair accident management companies have to take their share of the blame too. Some of the car hire and salvage storages costs they add are ridiculous. Despite what they say, they rarely look to minimise costs on claims and have been part of the reason insurance premiums have been driven up. That's before you take into account some of the more questionable ones over in England.

I think if insurance companies behaved better there would be a lot less need for them. Had I to do everything myself that they have done I would have been considerably out of pocket.
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David McKeown

Quote from: Rois on May 06, 2018, 09:53:35 PM
I have done a fair bit of financial work in the insurance industry. Insuring underwriters (obviously) give better rates to firms that don't use accident management companies.
My OH just closed out a claim where someone went into the back of him, admitted liability, and he managed to get back the full value of the car he had paid for about 3 months previously. He didn't take a hire car or claim for personal injury, and I think that helped him recover the full value.

Fair play to him there's plenty that won't work for though. In my case I simply needed a car and I need ongoing physio. Accident management company have sorted that. I wouldn't have been able to get through the last 6 weeks without using one.
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trueblue1234

Quote from: David McKeown on May 06, 2018, 10:33:07 PM
Quote from: trueblue1234 on May 06, 2018, 08:42:26 PM
Quote from: David McKeown on May 06, 2018, 01:15:35 PM
There are others who get a bad name unjustifiably. I was recently involved in a bad crash when I was stationery in traffic and was hit so hard from behind that it caused a 4 car pile up. I reported the matter to my insurer even though I wasn't at fault. Their initial reaction was to arrange to have the vehicle picked up by 7.11pm the accident having occurred around 4pm. I was supposed to wait with the car but I had to be taken to the hospital after the accident due to concussion and neck, shoulder and back injuries. Police later informed me that the car was still there near midnight.

The next day my insurance company informed me I was to be held liable on the basis that I should have been far enough back (when stationery) to ensure that if someone did hit me that I could stop hitting the cars in front. Setting aside the fallacy of their logic that they wanted me to be liable for hitting cars 3 and 4 (not just car 3) the girl who hit me had already admitted liability to the police and been cautioned for careless driving. They then asked me to pay up front for legal advice from one of their partner solicitors. I declined given how they wanted me to be liable. Had I not known better I might have taken their atrocious advice.

As a result I instructed an accident management company who have been superb. They had a courtesy car for me within 2 hours. Had appointments made for medical treatment again within hours and took on negotiating the claim on my behalf all at no expense to me. They have been nothing short of fantastic but now 6 or so weeks on I still haven't recieved payment for my car (which was written off) from the other insurer not because they are disputing liability or the pre-accident value of my car but because they are disputing the post accident value by approximately £300. The irony being that every day they waste means hundreds of pounds in car hire fees they are going to have to meet.

I'm most definitely not swinging the lead here. I had a bad concussion and am still in considerable pain. A lot of my stuff was damaged in the accident.  Were I not self employed I would justifiably still be off work but the way the insurers on both sides have gotten on has been disgraceful.

The problem is the accident management company are seen as the bad guys in all of this and the insurers lauded as some kind of victim of claim culture.

To be fair accident management companies have to take their share of the blame too. Some of the car hire and salvage storages costs they add are ridiculous. Despite what they say, they rarely look to minimise costs on claims and have been part of the reason insurance premiums have been driven up. That's before you take into account some of the more questionable ones over in England.

I think if insurance companies behaved better there would be a lot less need for them. Had I to do everything myself that they have done I would have been considerably out of pocket.

No doubt. Insurance companies don't help themselves. Especially  if there's a hint of disputed liability. 
Grammar: the difference between knowing your shit

brokencrossbar1

In fairness to insurance companies sometimes it is the insured who push the liability dispute to avoid their premium going up. I know of plenty of cases where vehicle damage is paid out without prejudice but as soon as a personal injury claim comes in the case is defended. Nothing like an irate client who doesn't understand that a without prejudice payment effectively is no admission of liability!


Milltown Row2

Quote from: Maroon Manc on May 08, 2018, 02:56:45 PM
Remember reading this beauty a while ago.

https://www.independent.ie/irish-news/woman-buys-wine-leaves-it-on-shelf-in-different-dublin-shop-and-then-sues-for-20k-when-asked-if-she-paid-for-it-36479636.html

This bit at the end is the best


Independent.ie previously revealed how youths who were refused service after being accused of stealing from shops in Dublin city centre have been issuing solicitors letters threatening to sue for defamation.


In one of the letters, obtained by Independent.ie, the teenager claims the shop owner accused him of previously stealing from the shop and refused to serve him.

The shop owner said he refused to serve the teenager as he claims he has previously stolen chocolate bars from the shop.


The letter outlined how the teenager intended to sue for defamation unless he received proposals for compensation within seven days – due to being subjected to "defamation, embarrassment and humiliation".

No proceedings were ever issued
None of us are getting out of here alive, so please stop treating yourself like an after thought. Ea


Owen Brannigan

Girl who sustained severe brain injury while 'tram-surfing' on Luas settles €550k High Court action.

Rebecca Kelly was only 13 years of age when she and a friend jumped on the outside of Luas tram gripping on to the edge of the doors as it departed the Fatima station on the Red Line eight years ago.

The young girl fell back on to the tracks striking her head and had to be rescued by her friend. The friend along with the help of others pulled Rebecca out of the way of an oncoming Luas tram en route to the city centre.

Rebecca Kelly (20) of Pearse House, Pearse Street, Dublin had through her mother Elizabeth Kelly sued the Luas operators as a result of the accident on September 3, 2010.

She claimed there was an alleged failure to have any or any adequate visual systems employed and activated on the tram and that the driver was unable in the circumstances to see the non-platform side of the tram before leaving the station.

https://www.independent.ie/irish-news/courts/girl-who-sustained-severe-brain-injury-while-tramsurfing-on-luas-settles-550k-high-court-action-37437810.html