fair enough, many have parties where they don't know who their guests are. but surely you would remember someone at a party being badly enough injured to sue?
Legal action help needed
- Thread starter Toni
- Start date
fair enough, many have parties where they don't know who their guests are. but surely you would remember someone at a party being badly enough injured to sue?
would I be best to leave this to the insurance company now, or should I be vigilant in obtaining copies of these report from my previous agents and taking photos of the premises?
how did the matter come to your attention? did you get a threatening letter from a lawyer? did she call you?
it all sounds weird to me, but interesting. nothing to worry about though.
my daughter signed for a document "Filing Confirmation Notice" with a legal covering letter advising of their intention to sue and gave us 10 days to respond. The whole thing is making me sick. This notice was our first inkling that there was a problem!
All this makes me never want to own an investment property again. It's not fair when you've struggled and gone without you're whole life to get ahead, and something like this happends. Is it really worth it?
All this makes me never want to own an investment property again. It's not fair when you've struggled and gone without you're whole life to get ahead, and something like this happends. Is it really worth it?
don't stress. you have insurance, let them take care of it.
a 'legal covering letter' means jack. most people get scared when they get a letter on letterhead of solicitor. it doesn't mean anything.
did i mention you had insurance?
if you really want to have some fun threaten to sue granny.
Getting threatening mails from any solicitor isn't nice.
unless the pavers are so uneven - i think it's a bit unreasonable to assume it would cause the fall.
Normally - they would have to be pretty serious to get a lawyer to send the letter, litigation lawyers even the most trigger happy ones would analyze a case first on substantial grounds of evidence before just firing off a letter.
Normally if the case isn't worth their time or at least have some chance of success, litigation lawyers won't take it as they would normally require you to cough up some money first which is in the thousands. or maybe she is a bit of crackhead - who knows?
Anyway - like the others say let insurance worry abt it. It's not like you had any intention or as your tenant said - he doesn't even know her
unless the pavers are so uneven - i think it's a bit unreasonable to assume it would cause the fall.
Normally - they would have to be pretty serious to get a lawyer to send the letter, litigation lawyers even the most trigger happy ones would analyze a case first on substantial grounds of evidence before just firing off a letter.
Normally if the case isn't worth their time or at least have some chance of success, litigation lawyers won't take it as they would normally require you to cough up some money first which is in the thousands. or maybe she is a bit of crackhead - who knows?
Anyway - like the others say let insurance worry abt it. It's not like you had any intention or as your tenant said - he doesn't even know her
agree with others, just hand the letter to your insurance company to deal with the issue.
she may have the wrong address. we once were asked to remove a large tree in one of our properties, when we made more enquires we were able to clarify we had no trees at that property, wrong address.
good luck.
she may have the wrong address. we once were asked to remove a large tree in one of our properties, when we made more enquires we were able to clarify we had no trees at that property, wrong address.
good luck.
Do not panic. In commercial managements, we get these every few weeks.
Have your insurance company deal with it. There are times wherein a person will try a shotgun effect and try to sue the owner, the tenant and the managing agent.
At the end of the day, deny all liability and let your insurance company guide you. That is why you get insurance.
Get as much of your paperwork in order and focus on having all the information that you need.
Have your insurance company deal with it. There are times wherein a person will try a shotgun effect and try to sue the owner, the tenant and the managing agent.
At the end of the day, deny all liability and let your insurance company guide you. That is why you get insurance.
Get as much of your paperwork in order and focus on having all the information that you need.
Toni, I know it is easy to say but dont worry about it. Thats why you have insurance. It is your insurance company problem. Dont listen to Marg. Aron is right they cant win without proof. I was sued by a little old lady, who, unbeknown to her lawyer was once was an old family friend. It is a very long story. But breifly the old lady knew nothing of what was going on, I was banned from , and threatened with sevre consequences if I contacted her. Even tho her lawyer didnt have a leg to stand on he refused to accept the 9k settlement my insurance company lawyers offered because it was easier quicker and cheaper than defending it in court. They wanted 20k. So after about 18 months of utter BS and ridiculous claims in letters of which I received copies of, it went to court. The old lady lost she had to pay court costs, my insurance company lawyers costs and her lawyers costs. She could have had 9k but instead she had to cough up about 40k. The sad part was she had no idea of what was going on. It was just lawyers dragging things out and making a buck for doing nothing. The legal system is a joke treat it as such.
I agree that there is no use in worrying. The old lady may not have even entered the property and it she did your insurance company will handle things.
She may be just trying it on. How much does it cost to send a letter?
Also, try googling her name. Do a search of Austlii website and see if she pops up in other legal cases (though not all are listed). Try and see what you can find out about her.
In NSW a personal injury claim must be made within 3 years, but it may be possible to have this period extended. It is probably similar in VIC, but you could check the Limitations Act (or similar). She may even be out of time.
She may be just trying it on. How much does it cost to send a letter?
Also, try googling her name. Do a search of Austlii website and see if she pops up in other legal cases (though not all are listed). Try and see what you can find out about her.
In NSW a personal injury claim must be made within 3 years, but it may be possible to have this period extended. It is probably similar in VIC, but you could check the Limitations Act (or similar). She may even be out of time.
yeah there are some lawyers like that but they have to act in the best interest of their client. that's a strange case your story. i have many cases on my sleeve dating from suing people and being sued. My experience is it is just a waste of time and effort unless the you win a substantial amount and the person you win against actually has money.
just last year, i had some threatening letters from the purchasers lawyer when i refused to vacate my premises 1 month earlier due to the fact that the purchaser refused to release the deposit on time as agreed which was part of the contract. So she got an eviction/possession order from court and was about to serve me. I told her sorry - i going overseas tomorrow and she drove the next 30 minutes to my address to serve it to me. got done by - and i had to negotiate a deal. But - i respect her for doing that being she really fought for her client - and now she's one of the lawyers i use.
Apparently this Litigation company is one of those "if you don't win, you don't pay" companies.
I've read the policy wording Evand, and it appears all good, I'm with Comminsure
Again, though, she must have been pretty convincing for them to consider it. I have put her name up on the internet, but nothing juicy has come up.
Toni
This was one thing I was very clear on! I didn't ring or discuss this with anyone (other than the insurance company) so I couldn't be accused of saying the wrong thing.
The first thing I did was contact the insurance company and email all documents straight to them.
Very hard not to worry, trying to switch off is very hard, worse still the waiting and seeing what's going to happen next.
I will be keeping you all updated as and when things occur, so you to are all aware of what can happen, in the meantime, will just have to keep myself pre-occupied with other things so it doesn't do my head in.
Toni
If they've got nothing to lose, then you're probably right, they probably spit them out and eventually get lucky
I think you're all probably right, I'll kick back now and focus on other things, I can't do much more, other than allow the insurance company to do their job and hopefully the process wont be too long.
I'm feeling a little better, but still unsure as to how it will all pan out. But going to try and not let it get to me anymore.
Worrying gets you nowhere.
Toni
I think you're all probably right, I'll kick back now and focus on other things, I can't do much more, other than allow the insurance company to do their job and hopefully the process wont be too long.
I'm feeling a little better, but still unsure as to how it will all pan out. But going to try and not let it get to me anymore.
Worrying gets you nowhere.
Toni
The legal system is ridiculous Aaron. That how it works, on Bluff. That is what lawyers do, if they didnt do that you wouldnt need them ,and they would have to get an honest job or find another way to extort. WHO STOPS THEM sending legal sounding letters. They have the same standard letters they send , doesnt matter if the contents dont fit the scenario making wildly inaccurate claims, just change the name on the top of the letter. 15 seconds work for what most people earn in a week.
Dont even bother going to court if its in the hands of your insurance company they will send a letter with the result otherwise your own solicitor will.
