# Personal Injury Claim against hotel in recievership.



## Noilheart (1 Jan 2011)

Hello there,

I recently had an accident while on holiday,   due to what I think is negligence on the part of the hotel.   

Due to the pain and injury i suffered and medical expenses etc I want to make a compensation claim. 

However the hotel is in receivership and I am not sure who to claim against.  I know it is important to claim against the correct respondent from what I have read on the PIAB website and also other helpful posts on this site.

I looked up the Companies Registration Office and can see the name of the person and company who was appointed as Receiver and Manager, but  also a solicitor for the receiver is named.

I reported the accident to the Accommodation Manager and Manager of the hotel at the time, and they did not show any interest in doing an accident report at the time until I mentioned it to them. 

Also I have now forgotten both names, so hoping other family members will remember.  

Would anyone here have ideas on who to address the claim against?


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## onq (2 Jan 2011)

Hi Noilheart,

You may well end up as the last in a long list of creditors, secured and unsecured, even if you are successful in your claim.

If you claimed on your medical insurance, is it not up tio them to proceed with a claim against the hotel to obtain re-imbursement?
Unless you paid for all you medical expenses you suffered, your compensation claim might therefore be solely in relation to the personal injuries and suffering you experienced.
While this may prove to be considerable, following the correct procedure and enjoining the correct parties is all-important to the successful outcome of any case.

In these days of out-sourcing and contract working arrangements by independent contractors it is therefore important to discover who was responsible for what happend to you as well as what exclusions the hotel terms and conditions may impose as their their liability and duty of care to patrons and guests as well as any attempts to limit liability to them due to the actions, inactions or negligence of third party contractors and service providers.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                                     as a defence or support - in and of       itself  -         should       legal        action    be       taken.
Competent legal and business professionals/consultants should be asked  to advise in                                    Real Life with rights to  inspect and     issue         reports    on     the         matters     at      hand.


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## Noilheart (2 Jan 2011)

Thanks for that ONQ, I have made no claim against the VHI as expenses have been minor so far but I will need phisiotherapy.   Do you think the hotel would tell me who to claim against if I asked them?


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## Time (2 Jan 2011)

You need to speak to a solicitor and get him to chase up the offending party.


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## onq (2 Jan 2011)

Hi Noilheart,

I just want to point out that this is common sense layperson's advice from me - I am not experienced or a professional in this matter, however I will venture a few words.
I think the hotel would be unlikely to incriminate itself even if it were a  going concern and you confirmed its in receivership - there may be  no-one left to ask.

I think Time's advice is sound in terms of setting up your claim, but using a solicitor to chase up the other party could run you up significant costs and get nowhere.
I would take an initial briefing meeting with the solicitor and ask them for their advice but I would be wary about opening my chequebook for an open ended inquiry run through their offices.

If there is sleuthing work to be done a private detective agency paid on a performance basis might be a better bet, then pool the results.
You may also need a finance man in case monies have been hidden away offshore.
Copies of company documents are available from the CRO online.

You may end up on a path that causes you more stress and grief than you expect with little return at the end of it.
You should weigh up the chances of this mitigating against your return to full health versus your likely monetary gain.

Personally I feel that your health is your wealth.
Running after a straw man may be fruitless.

Good luck with it.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                                      as a defence or support - in and of        itself  -         should       legal        action    be        taken.
Competent legal and business professionals/consultants should be asked   to advise in                                    Real Life with rights to   inspect and     issue         reports    on     the         matters      at      hand.


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## tepid air (3 Jan 2011)

I live in London and, here, it's possible to pursue a claim of this type on a 'no win, no fee' (_conditional fee_) basis. It may be worthwhile to investigate the possibility of going down this avenue in Ireland.


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## nuac (3 Jan 2011)

Talk to your solicitor

Check re Injuries Board and over-all time limits.

Assuming not resolved thru Injuries Board - 

It is likely that the hotel had liability insurance at time of your injury - that is a condition of many licences required by hotels e.g. licences under Dance Halls Act 1935,

Your solicitor should write to the Company through it's receiver and ask for admission of liability and confirmaton of insurance cover.

If no insurance issue proceedings against company and directors anyhow.

If there is no admission of liability get permisson to  have photgraphs taken by a professional photographer of the scene, and an engineers' examination if necessary.

Also check on what other witnesses there are, and try to get statements.

The Receiver is usually only concerned with realisation of the security belonging to whoever apppointed him/her.    A liquidator may be appointed later.   The liquidator will investigate the financial position.

With respect to Ong I would be cautious aboaut employing an investigator yourself - that can be an expensive process with uncertain results.


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## dewdrop (3 Jan 2011)

I would have thought, perhaps wrongly, that the appointment of a receiver does not, in effect, cause insurance problems in that when a Receiver is appointed he/she will arrange their own insurance.


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## Noilheart (4 Jan 2011)

Yes I have checked re time limits etc and I think my only problem now is finding out who to claim against.  I would prefer not to approach a solicitor at  this stage and will consider writing to the receiver asking about who is liable and about insurance etc.  I will be unable to complete my claim through the PIAB until I know who to claim from.


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## Time (4 Jan 2011)

Do you expect the receiver to give you an honest answer?


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## a lawyer (4 Jan 2011)

you need legal assistance - now. 

go to a solicitor.  in fairness you appear to have a  perhaps better than normal grasp of the issues yourself but this is likely to end up in a situation where you are going to run into an apparent dead-end and will end up either dropping the whole thing or trying to get a solicitor to sort it out. 

the solicitor will have more of a chance of getting a result if they have been writing the letters to the receiver, insurer, and indeed PIAB, protecting your position from the start.  

(but i would say that wouldn't I!)

here's an idea, if you are adverse to getting formal legal advice, and as PIAB think you don't need a lawyer at all perhaps you should ring their helpline and see where that gets you.


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## Time (4 Jan 2011)

Well said.


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## onq (4 Jan 2011)

nuac said:


> With respect to Ong I would be cautious aboaut employing an investigator yourself - that can be an expensive process with uncertain results.



Happy to stand corrected on that nuac.

While I have acted as an expert witness for others I tend to try and steer clear of the courts myself.



ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                                      as a defence or support - in and of        itself  -         should       legal        action    be        taken.
Competent legal and business professionals/consultants should be asked   to advise in                                    Real Life with rights to   inspect and     issue         reports    on     the         matters      at      hand.


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## Noilheart (9 Jan 2011)

Time said:


> Do you expect the receiver to give you an honest answer?



Well... do you expect them to give me an honest answer?  Maybe only Time will tell.. he! he!

Seriously though if I go to hire a solicitor how could I tell if he/she is any good at their job.  I would have to  hand money over to them before I could find that out and then I could be at a loss.


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## onq (9 Jan 2011)

If in doubt ask for references and to see their client list.

At the very worst have a look at rateyoursolicitor.com to see if there are any reall horror stories - true or false - circulating about them.

But the long and the short is that if you have a poor case, even the best solicitor can't make it a better one - they can present it well to the barrister and THAT's where you put your money - if it proceeds to court.

Beware waffly solicitors who talk the talk - personally I'll take the dry-as-a-bone solicitor that diligently prepares the file and moithers me with questions in order to do so over a "personality solicitor" any day of the week.

Seen too many of the latter surronuded by lesser lights who end up doing your case.

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon                                      as a defence or support - in and of        itself  -         should       legal        action    be        taken.
Competent legal and business professionals/consultants should be asked   to advise in                                    Real Life with rights to   inspect and     issue         reports    on     the         matters      at      hand.


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