Author Topic: INSURANCE  (Read 1055 times)

trueblue1234

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Re: INSURANCE
« Reply #15 on: July 10, 2019, 01:51:22 PM »
Can't pin all the blame on Solicitor either. People should have a bit of decency about them rather than the current view of, I've been involved in an accident, I deserve a claim. At the end of the day if a Solicitor's told his client has an injury they are there to take their client at their word and to work in their best interest. Bar a really obvious fabricated claim, it would be tough for a Solicitor to decide which is genuine or not. For me the blame should be laid firmly at the people who knowingly either fabricate or exaggerate their injury to try and make a few pound. I've no doubt some solicitors will harry their clients to include a PI claim and they should rightly be shot with a ball of their own sh!te. But for me it's a sign of the way society has went and the in for themselves mentality. 
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macdanger2

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Re: INSURANCE
« Reply #16 on: July 10, 2019, 01:59:09 PM »
As someone who is dealing with this day and daily the attitude of the insurance companies has become very hostile in the last last 12 months. Whereas they would have settled cases readily in the last they are consistently refusing to agree to the assessment process, refusing to settle cases where liability is clearly not an issue and as a consequence they are driving up legal costs and potentially damages. I have 7 cases where they have paid vehicle damage, admitted liability but are refusing to settle the injury element. As a consequence I have had to issue proceedings. Across all 7 cases if they had settled them at the outset our costs would have been about €4,000. As I issued them and will run them to hearing between our costs, defence solicitors and barristers costs for all 7 will be around €100k. We could have sorted this out but they refused. I have to look after my clients. These are all genuine cases too. No vehicle damage was less than €1000 so that’s not a minimal impact. There is an agenda since the cartel searches in July 2017 to push out. They have been price fixing and have been caught out. This is a deflection agenda.

Are the injuries genuine?

A scratch to a bumper could easily cost > 1k

Absolutely genuine....I know the man very well and he is crippled with back pain

What about the other 6 cases?

macdanger2

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Re: INSURANCE
« Reply #17 on: July 10, 2019, 02:01:01 PM »
Can't pin all the blame on Solicitor either. People should have a bit of decency about them rather than the current view of, I've been involved in an accident, I deserve a claim. At the end of the day if a Solicitor's told his client has an injury they are there to take their client at their word and to work in their best interest. Bar a really obvious fabricated claim, it would be tough for a Solicitor to decide which is genuine or not. For me the blame should be laid firmly at the people who knowingly either fabricate or exaggerate their injury to try and make a few pound. I've no doubt some solicitors will harry their clients to include a PI claim and they should rightly be shot with a ball of their own sh!te. But for me it's a sign of the way society has went and the in for themselves mentality.

Absolutely agree.

I'd like to see the system changed so that if someone is genuinely injured, they would have all their medical / physio bills paid for but not get a massive payout because they got "whiplash" from a minor enough tip

gallsman

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Re: INSURANCE
« Reply #18 on: July 10, 2019, 02:02:48 PM »
Part of the problem is the use of the term "fraudulent"

About four years ago I was turning right at the Merrion gates onto Sandymount strand. There was a red light and I was the third car back, with a string of cars behind me. Next thing I felt a smack in the back; the girl driving the Golf immediately behind had jumped into the back of me. It was no back breaker but it certainly gave us a jolt. I jumped out and asked her what she was thinking. Her response was "I thought you were moving off". I looked at the traffic lights, which were still red, and looked back at her in disbelief. She'd clearly been on her phone. There was some damage to the bumper and the boot lid wouldn't close so I took her insurance details and off we went.

The following day, I felt the tiniest strain in my neck. A paracetamol and a good night's sleep later and there wasn't a thing wrong with me. I had no intention of claiming for anything other than getting the car fixed but asked a barrister friend of mine what I'd have been looking at if I was of such a mind. He laughed when I told him the details - jumped into the back of me, from a stationary position, at a red light. He reckoned absolute minimum offer from insurance company, no questions asked would be 5k each for myself and the wife who was travelling with me.

I imagine these are some of the types of cases the insurance companies are calling "fraudulent" but would bite the hand off you to settle for a few grand as if it went to court it would have been open and shut in my favour with a bigger payout and costs awarded.
« Last Edit: July 10, 2019, 02:05:10 PM by gallsman »
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Fionntamhnach

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Re: INSURANCE
« Reply #19 on: July 10, 2019, 02:07:39 PM »
From what I've seen for myself and speaking to others, "claim culture" is not just a Belfast phenomenon, but Belfast tends to be the place where some people like to really rip the piss out of it. A few years ago after my sister died, my family spoke to a spouse of a family friend whom works as a civil servant in the Jobs & Benefits Office about what one-off or ongoing benefits now affected us or could be claimed (my sister was heavily disabled). Her role involves assessing and approving applications for crises loans across all of NI, and she mentioned that Belfast was by far the worst for the amount of frivolous reasons into describing why a crises loan was badly needed. Some of the excuses would have made Frank Gallagher feel a bit guilty.

Of course, by population numbers alone Belfast should get a proportionally high absolute number of such chancers, but the amount of such claims were well above outside of Belfast on a per head basis.
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macdanger2

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Re: INSURANCE
« Reply #20 on: July 10, 2019, 02:09:02 PM »
I imagine these are some of the types of cases the insurance companies are calling "fraudulent" but would bite the hand off you to settle for a few grand as if it went to court it would have been open and shut in my favour with a bigger payout and costs awarded.

Agreed. They're not outright fraudulent, more like disingenuous

brokencrossbar1

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Re: INSURANCE
« Reply #21 on: July 10, 2019, 02:20:46 PM »
As someone who is dealing with this day and daily the attitude of the insurance companies has become very hostile in the last last 12 months. Whereas they would have settled cases readily in the last they are consistently refusing to agree to the assessment process, refusing to settle cases where liability is clearly not an issue and as a consequence they are driving up legal costs and potentially damages. I have 7 cases where they have paid vehicle damage, admitted liability but are refusing to settle the injury element. As a consequence I have had to issue proceedings. Across all 7 cases if they had settled them at the outset our costs would have been about €4,000. As I issued them and will run them to hearing between our costs, defence solicitors and barristers costs for all 7 will be around €100k. We could have sorted this out but they refused. I have to look after my clients. These are all genuine cases too. No vehicle damage was less than €1000 so that’s not a minimal impact. There is an agenda since the cartel searches in July 2017 to push out. They have been price fixing and have been caught out. This is a deflection agenda.

Are the injuries genuine?

A scratch to a bumper could easily cost > 1k

Absolutely genuine....I know the man very well and he is crippled with back pain

What about the other 6 cases?

I am happy to stand over them  One particular company is involved with 4 of the 7 and the same modus operandi is in place. 

brokencrossbar1

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Re: INSURANCE
« Reply #22 on: July 10, 2019, 02:22:55 PM »

The following day, I felt the tiniest strain in my neck. A paracetamol and a good night's sleep later and there wasn't a thing wrong with me. I had no intention of claiming for anything other than getting the car fixed but asked a barrister friend of mine what I'd have been looking at if I was of such a mind. He laughed when I told him the details - jumped into the back of me, from a stationary position, at a red light. He reckoned absolute minimum offer from insurance company, no questions asked would be 5k each for myself and the wife who was travelling with me.



That's not right at all....I'd get you at least 10k ;D

gallsman

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Re: INSURANCE
« Reply #23 on: July 10, 2019, 02:55:39 PM »
Jokes aside, and I've absolutely no doubt that you could have got me it with minimal effort, to me that's fraudulent. There was nothing wrong with me. Absolutely nothing.

There's no way to disprove it as all I'd have to do is turn up to a GP and say my neck was a bit sore. Having heard the facts of the incident there's absolutely no way they don't advise painkillers and bed rest. Court hears a girl drives into the back of someone at a red light, having been stationary, GP has advised test and pain management and the payout is guaranteed.
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brokencrossbar1

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Re: INSURANCE
« Reply #24 on: July 10, 2019, 03:15:48 PM »
Jokes aside, and I've absolutely no doubt that you could have got me it with minimal effort, to me that's fraudulent. There was nothing wrong with me. Absolutely nothing.

There's no way to disprove it as all I'd have to do is turn up to a GP and say my neck was a bit sore. Having heard the facts of the incident there's absolutely no way they don't advise painkillers and bed rest. Court hears a girl drives into the back of someone at a red light, having been stationary, GP has advised test and pain management and the payout is guaranteed.

maybe not fraudulent as the system is in place to cover injuries at whatever levels they are at.  The reality though is that this is not a new phenomenon.  We were discussing it in work the other day.  I have worked north/south of the border because of where I am from and remember that in the late 1990's early 00's before claims were 'big' the average payout for a whiplash over the border was between 7-10k punts.  Given inflation, currency change etc that's not a million miles away from where we are now.  The Government in the south created a monster when it put the PIAB system in place as it created a new level of bureaucracy.  The idea behind it was to create the space for the lay litigant.  There was a clear inequality of arms and as a result solicitors became directly involved in the assessment process,  which ultimately saw more cases than before were being issued.  I personally try to settle as many RTAs at the earliest opportunity as most times the injuries are not serious.  Unless there are broken bones or serious potential problems I will not issue.  Most solicitors are the same to be honest.  The reality is that 95% of cases settle within the first 6-8 months of the accident and I genuinely can count on 2 hands the amount of cases that I would have doubts about whether they are genuine.  Yes there is a bit of lily gilding with medical symptoms but insurance companies expect that and get their own doctors.  The narrative being pushed by the insurance companies is somewhat disingenuous.