Page 1 of 3 123 LastLast
Results 1 to 10 of 28

Thread: Insurance claim.

  1. #1
    Join Date
    May 2008
    Location
    Sunshine Coast, QLD
    Posts
    389
    Total Downloaded
    0

    Insurance claim.

    G'day everyone,
    I am after a bit of advice from my learned AULROIAN friends. A couple of weeks ago i had a bit of bad luck at a boat ramp. This has been stated in a previous thread. The medical treatment is ongoing and will be for sometime. The boat ramp as stated is serviced and maintained by a council for and on behalf of DOT/TMR here in QLD. Recent investigations by council have shown that what i have claimed about the ramp is correct. The ramp requires immediate repair and upgrade.
    The question is; Would and insurance claim be viable? Considering the injury suffered, the surgery that has been performed, the possibility of further surgery, the time off work-so far 2 weeks but a minimum of another six weeks and possibly more, the pain and suffering, etc;

    Your thoughts would be appreciated.

    Cheers
    Boxhead

  2. #2
    Join Date
    Dec 2008
    Location
    Victoria
    Posts
    1,777
    Total Downloaded
    0
    I'd suggest the first thing to do is make an appointment with a solicitor. You will then get correct advice on what may be a complicated matter from this source. The first visit to the solicitor to present your issue and for an early analysis of your options is usually a "no fee" item.

    Good luck!

  3. #3
    Join Date
    Apr 2007
    Location
    NW Tassie
    Posts
    1,884
    Total Downloaded
    0
    A lot of years ago at a Victorian caravan park my daughter had an accident on some play equipment which basicly took the flesh to the bone over an area of about 200mm by 70mm on a 6 year old. Long story short, we were treated poorly by the caravan park, all I had asked was the dangerous item be fixed. On returning through that area 6 weeks later, nothing had been done. We had lots of photos of the faulty equipment.
    Talking to friend who work for QC and was told to protect other people we must sue other wise these people do nothing. We did this and my daughter ended up with a small trust fund. This was all with a shire
    cheers
    blaze

  4. #4
    DiscoMick Guest
    Yep, you definitely need legal advice. Sounds like you could have a good case. The council would be insured so it might come down to an argument about reasonable precautions.

    Sent from my SM-G900I using AULRO mobile app

  5. #5
    Roverlord off road spares is offline AT REST
    Major part of the heart and soul of AULRO.com
    Vendor

    Subscriber
    Join Date
    Jul 2012
    Location
    Tecoma Vic
    Posts
    9,564
    Total Downloaded
    0
    At least you guys get to injure yourself for free.
    Down here in Vic we have to pay launching fees to injure ourselves.

    Definitely see a solicitor, people sue for tripping over a crack in the footpath,hence councils spend heaps of money grinding down pavements


  6. #6
    Join Date
    Aug 2006
    Location
    WA
    Posts
    13,786
    Total Downloaded
    0
    As above, the advice to get a solicitor is a good one, but beware that the fees will mount up.

    As a relevant anecdote, a company I worked for when I was a uni student had someone claim they had chipped a tooth on some food that the company had sold (claim was for dental work).
    The claim was clearly spurious, however our insurance company insisted on paying out, as they said for claims below $X it is not worth their time fighting it. I think that amount at the time was $5k.

    So if you are seeking a significant amount, it would obviously be wise to contact a solicitor.
    For a small claim it may be worth doing some research yourself and modifying some stock letter templates you can find online for free (letter of demand, etc...)

  7. #7
    Join Date
    Feb 2004
    Location
    Williams West Aust
    Posts
    20,998
    Total Downloaded
    0
    Before you go too far down the legal track,make sure that there isn't some clause saying you use the ramp at your own risk.
    Andrew
    DISCOVERY IS TO BE DISOWNED
    Midlife Crisis.Im going to get stuck into mine early and ENJOY it.
    Snow White MY14 TDV6 D4
    Alotta Fagina MY14 CAT 12M Motor Grader
    2003 Stacer 525 Sea Master Sport
    I made the 1 millionth AULRO post

  8. #8
    Tombie Guest
    Quote Originally Posted by LandyAndy View Post
    Before you go too far down the legal track,make sure that there isn't some clause saying you use the ramp at your own risk.

    Andrew


    That doesn't apply IF the ramp is not maintained in good safe working order

  9. #9
    Join Date
    Sep 2007
    Location
    Ocean Reef WA
    Posts
    3,098
    Total Downloaded
    0
    "That doesn't apply IF the ramp is not maintained in good safe working order"
    Exactly right. No one these days can put up a disclaimer saying it's nothing to do with them if you hurt yourself on their equipment, something you've bought from them blows up, or try to avoid liability for just about anything.
    The onus is on them to take all care with virtually anything and everything. And prove in court that they did so.
    AlanH.

  10. #10
    Roverlord off road spares is offline AT REST
    Major part of the heart and soul of AULRO.com
    Vendor

    Subscriber
    Join Date
    Jul 2012
    Location
    Tecoma Vic
    Posts
    9,564
    Total Downloaded
    0
    Quote Originally Posted by LandyAndy View Post
    Before you go too far down the legal track,make sure that there isn't some clause saying you use the ramp at your own risk.
    Andrew
    Do you sign something to acknowledge that clause?
    Just like if you put a sign on your property saying private property, some one walks up your footpath and injures themselves, you still get sued.
    Any, those words really mean nothing, they are there to bluff people into perhaps not persuing action. Just like NO Refunds signs, it is against trade practices, but it stops a lot of people.
    They just like the self serve wreckers, that have signs up no claims on injury, they take admission fees though encouraging you to come onto the premises. I injured myself on a sign post that had a metal sign that was too low, I'm 6'3" . I cut my head. I'm sure If I sued them if I had been seriously hurt myself I would have had a valid claim.
    Some legals have no win, no fees, but you could still be liable for the other parties costs.


Page 1 of 3 123 LastLast

Bookmarks

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Search AULRO.com ONLY!
Search All the Web!