Injured in a neighbour's house - neighbour refusing to engage

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I'd imagine he'll say he has no idea what you're talking about, didn't have you on his premises at all and is totally flabergasted by what is being said. In that case why would he even have any contact with insurance companies regarding what you're saying regardless of whether he has ins or not.
 

how likely is it that someone would commit fully to a big lie like that ? , i mean it would mean two people engaging in bare faced lies as his friend was also present so presumably both would end up having to provide testimony , im not saying its impossible but surely evidence like medical reports would support the position of what happened , isnt the burden of proof less stringent in civil cases than criminal cases ?

seems like a big gamble for the purpose of avoiding a slightly more expensive home insurance premium for a few years ? , word would get around that this man and his buddy concocted a lie in court , how would that reflect upon them in the community ?
 
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noproblem said:
Ok, but we're only hearing one side of the story. Good luck to ya, you'll need it all.
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so not only are you anticipating that the other side pursue a course which involves an audacious lie , you then imply that im perhaps telling lies about what happened

why would i gain from telling a lie , not like anything i say here or hear here will impact in anyway on what eventually transpires

" but were only hearing one side of the story "

what a truly weird comment to make within the context of internet forum discussions !
 
OK, there's a dispute between the parties.

Injured party should consult solicitor, have them write to neighbour and see what happens.

Problem is , if the house insured refuses to deal with claim, due to a breach of Policy Conditions, then the injured party is taking his chances on ever recovering money from the neighbour.
 

thats exactly it !
 
DirectDevil said:
BTW if the neighbour does not seek indemnity from his insurance company and then reports it late having reconsidered his position he might end up with no cover.
His insurers could repudiate liability to him under his contract for late notification.
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This part I don't get,

If the neighbour decided not to contact his insurers in a reasonable timeframe, how and why should that impact on GBI's claim. He is either covered through insurance on that specific time frame of injury, or he is not covered.

The insurance company can hardly exonerate itself based on the non-compliance of the policy holder?
 
No wonder people are paranoid about lettig people on their property/premises....and when someone claims its NEVER about the money!!.
 
postman pat said:
No wonder people are paranoid about lettig people on their property/premises....and when someone claims its NEVER about the money!!.
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would you be happy to take the financial hit , never mind endure suffering for god knows how long ?

its easy make glib comments like the one above when it doesnt effect you personally !
 

Yes it can. Insured is obliged to inform his insurance company as soon as he is aware of an incident that may give rise to a claim. Defendant puts head in sand and doesn't tell his insurers despite receiving 3 solicitors letters and then Injuries Board correspondence. Then he decides on foot of the letter from IB saying the assesment fee of €600 is now due attempts to go his insurers. Insurer will deny indemnity as he is in breach of policy conditions.

This is not like motor insurance. GBI is not considered a party to a claim here. He can't go to the insurance company directly. There is no obligation to have property owners liability cover. So he is merely attempting to sue his neighbour and the only chance he has off a pay day, as he has said himself, is if the neighbour has insurance.
 
Leper said:
Hi Galway-Blow-In. Is there ere a chance you can start sentences with capital letters and after sentences are finished could you throw in a few full stops?
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He likes commas though, with spaces in between ! And quotation marks.
 
You were helping a neighbour lift something and a block fell on your foot? It's an unfortunate injury but the neighbour didn't drop the block on you. If you were playing football and someone stood on your foot and gave you foot bruise, would you expect the other player to compensate you??? You took a risk once you agreed to help him out just like you take a risk getting out of bed every morning. Why don't you concentrate on getting better and forgetting about suing and other legal nonsense. It's unfortunate but it's no-ones fault.
 

you make conclusions based on the facts yet your conclusion is purely arbitrary and frankly spurious

saying someone takes a risk getting out of bed in the morning is glib waffle which can be presented as advice regarding any situation , as for it being no ones fault , the other man forgot about a hidden ( a 20 kg plus block ) risk - threat and this error ended up causing injury to me which has hurt me both physically and financially , it has impacted my and my families life severely so far ! , as for the football analogy , more spurious comparisons , this guy didnt accidently walk on my foot , apples and oranges
 

"Spurious". I have an online reputation that I am very keen to protect. I am deeply offended and aggrieved. I feel like I have been libeled and I intend to defend my reputation. Maybe after you sue your neighbour, I could have my case against you heard against you on the same docket. Same you having to go to court another day.

You need to calm yourself down and concentrate on doing something productive until your recover from your debilitating injury. Maybe work on punctuation and forming sentences.

The guy didn't deliberately hide a 20kg block and push it on your foot. You helped someone out and fair play to you but it bit you in the ass. If it was a business, I could understand. But you went on a neighbours property and had an accident. Did you expect him to ensure you were wearing the appropriate footwear and carry out a full risk assessment before asking you to help lift something?

Anyway I do sincerely wish you best of luck with the injury. I just don't agree with your approach to it.
 

so what if he didnt hide the block !

if i pull out of a side road onto a primary road and crash into another motorist , using the " i didnt do it on purpose " excuse wont in anyway shield me from the likely insurance claim , id like to see and hear you tell the other driver with the damaged car they " took a risk when they got out of bed that morning "

your points are moronic and infantile and i dont for a second believe you would yourself take the medicine your prescribing others , very few are so saintly they will incur a significant financial loss when it was caused by someone elses error
 
Galway - what more advice/suggestions do you want?

You were injured on a neighbours property; you feel he is at fault and my reading of the posts is, that he disagrees.

If you want to sue, you can. If he is insured and his insurers come on board, then if you win your case, you will collect. If he is not insured or if the insurers do not come on board, you will have to collect any award from neighbour.
 

thats how it will probably play out , il phone my solicitor next week to instruct him to send a second letter advising this person to get in touch with their insurance company , if they do nothing after a second letter , i will know they are dug in for a battle , il then probably leave it several months before deciding whether or not to take a civil action

just find it tedious how some people flippantly tell you to put it down to bad luck or bend over backwards to explain away any care of duty or responsibility the other guy might have , almost as if the crisis here was his primarily , effectively portraying me as a trouble maker who at best created the problem by not doing a " proper risk assessment " or at worst as a con man out to fleece someone

i dont like using that term " troll " but i dont believe many of the posters for a second would practice what they preach were they in the same boat as myself
 
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