Potential litigation from injured tenant

Discussion in 'Legal Issues' started by JD86, 5th Sep, 2019.

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  1. JD86

    JD86 Member

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    Hi everyone,

    I had a tenant slip on the front step of my property last year and injure themselves.

    They tried to make a claim through my landlord insurance which was rejected late last year.

    Yesterday, I received a letter from a lawyer on my tenants behalf stating they are pursuing litigation against me. I got in contact with my insurer who assessed the case at the original claim and granted me indemnity.

    Wondering if I should just leave this in the hands of my insurer or should I get my own lawyer?

    How worried do I need to be about this?

    I've never dealt with anything like this.

    Thanks for your help.
     
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  2. spludgey

    spludgey Well-Known Member

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    Why would you need a lawyer? Did you act negligently?
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    Better see a lawyer asap
     
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  4. JD86

    JD86 Member

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    No I didn't. Tenant never mentioned an issue with steps, I could not foresee a slip/trip.

    I believe this is just an unfortunate accident.

    But when I get a potential litigation letter in the mail I get concerned.

    Insurance company has been great so far. But I just want to be sure I cover all my bases.
     
  5. JD86

    JD86 Member

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    Thanks Terry. Any recommendations in Melbourne?
     
  6. Marg4000

    Marg4000 Well-Known Member

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    The tenant has to sue you as they don’t have contract with the insurer. If they claimed directly on your insurance they would have been rejected. They don’t have insurance, you do.

    The insurer indemnifies you. You say they have already granted you indemnity.

    Pass on all demands or correspondence to them and don’t make any statements to your tenant.
     
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  7. willair

    willair Well-Known Member Premium Member

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    You never know you may be dealing with a serial litigant ,and as the other have said contact a legal person and one that knows how to under-promise and over-delivers and has prior skills in resolving the problem,because it won't go away ..
     
  8. JD86

    JD86 Member

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    Thanks Marg, yes I'm indemnified and have passed the initial letter on to my insurer.

    Would you seek independent legal advice or just let the insurer handle it?
     
  9. JD86

    JD86 Member

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    Thanks willair. Do you have any contats for someone with experience in this in Melbourne?

    Thanks
     
  10. willair

    willair Well-Known Member Premium Member

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    No sorry i don't know any legal people down in Melbourne-Brisbane yes ,the only contact i have down there is sitting on a seat outside various outlets while the Wife and daughters spend their money when we go down that way..
     
  11. Marg4000

    Marg4000 Well-Known Member

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    Let the insurance people handle everything, and keep right out of it.

    They have access to very well qualified lawyers, probably more experienced in liability law than you can afford.
     
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  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    If the insurer has rejected it you would need to take action on your own, but if they haven't you should immediately report it to them and leave it in their hands unless they say you are not covered.
     
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  13. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I worked for a civils company and we used to get all sorts of claims from people on the street. The insurers would defend and assist as we had public liability cover of $60M or so. They engaged large firms on retainer to defend their claims and always sent me to meet the relevant partner. Out of 10+ they only recommended the insurer agreed to settle once and then they hammered the claim down. We weren't allowed to be involved. Yes they can make you liable but they will pay the claim not you. Cost us nothing. Not even an excess.

    Many public liability policies have strict "no disclosure" rules in the fine print. Never speak to a claimant or reply. Telling them you are even insured can lead to a refused claim. Forward a copy of the claim to the insurer.
     
  14. Joynz

    Joynz Well-Known Member

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    Just refer them to your insurer.
     
  15. Joynz

    Joynz Well-Known Member

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    The OP said that the litigant’s claim was rejected and that the OP was indemnified by the insurance company.

    If the insurance company was to change their mind about this wouldn’t they specifically say (write) to the OP ‘we won’t help you because of x so you need to get your own lawyer’?
     
  16. Marg4000

    Marg4000 Well-Known Member

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    The OP has been indemnified by his insurer. That means that he is covered.

    The litigant is the tenant.

    I suspect the tenant tried to claim directly from the insurance company, who would reject the claim as they have no contract with him/her.

    So the tenant (correct procedure) sues the landlord.

    The landlord passes the demand to his insurer, and advises they are indemnifying him/her. This means they (insurance company) have accepted and are handling the claim.
     
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  17. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    The op is the one being sued so he would need to refer it to the insurer. They will then act on his behalf if he is covered - they would defend it in his name.
     
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  18. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Never do that. It may void some policies eg PI and even some public liability. The only person able to claim on the policy is the insured. Its why I cringe when I see people like a well known former trust deed practitioner (a solicitor) who used to claim all their documents were insured. The solicitors negligence may be insured but you must successfully sue him or satisfy a insurer after he submits a claim that you have a valid legal claim and have his insurer agree to meet the claim.

    Rule 1 is never reply to a claim. Allow the insurer to do so. They will generally do so in consultation with their lawyers or by their lawyers who are representing you and the insurer.
     
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  19. Joynz

    Joynz Well-Known Member

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    Yes - I put it badly In my rush to get out the door this morning. I agree that the landlord should refer the issue to the insurer.
     
  20. grk349

    grk349 Well-Known Member

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    Can anybody recommend an insurer that would cover me should the tenant get injured?

    eg I've a raised deck and let's say the balustrade gives way and the tenant receives a serious injury.

    Please note that this is a townhouse so there is a body corporate and building insurance through them.

    Many Thanks