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Claims Crisis - Major Insurer pulls out saying claims culture and awards a joke

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  • Registered Users Posts: 33,519 ✭✭✭✭dudara


    Merging 2nd Oktoberfest thread into Claims Crisis thread.

    dudara


  • Closed Accounts Posts: 4,105 ✭✭✭Kivaro


    cruizer101 wrote: »
    And so it begins. With Leisure Insure pulling out of the market altogether (link) and significant increases in premiums elsewhere, occurrences like this are going to become more and more common.
    And what has the government done to help so far, sweet feck all.
    That's not true. They were very vocal in their television appearances two years ago when they claimed that they were working to solve this problem.
    And similarly last year, they were extremely adamant that they were making great progress with the ludicrous insurance situation in Ireland. They were doing such a great job that the EU had to send in a team to investigate the Insurance cartel that Fine Gael is allowing to operate with impunity in Ireland.

    And of course, you will see Fine Gael's Minister of State with responsibility for insurance, Michael D'Arcy telling us this year, on a almost a monthly basis, of the great strides he is making in tackling the crippling insurance costs endured by most of us.

    Not sure if this pic was taken before or after he was asked if Fine Gael were ever going to seriously tackle the claims culture crisis in this country:


    2019-04-26_bus_49863985_I1.JPG


  • Registered Users Posts: 11,624 ✭✭✭✭meeeeh


    Jamie2k9 wrote: »
    I don't buy it however good to increase the pressure on Government on compo culture.

    I buy it. Getting public liability insurance is harder and harder, premiums are higher, conditions are much stricter, excess is higher and so on. It's often not just the cost of policy but hhe conditions that are attached to it. Insurance cost might not be the only reason but I'm certain it is a big reason.


  • Registered Users Posts: 3,533 ✭✭✭Beta Ray Bill


    Just out of interest
    What other insurance companies offer the same kind of products the LeisureInsure offered?


  • Registered Users Posts: 11,624 ✭✭✭✭meeeeh


    grahambo wrote: »
    Just out of interest
    What other insurance companies offer the same kind of products the LeisureInsure offered?

    It doesn't seem any do for Irish market at the moment. We got insurance (we are in completely different sector) but our previous insurer informed us three days before the renewal date that they are pulling out of the market. Now they gave us months extension to find another and we did but they are all UK insurers.


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  • Subscribers Posts: 41,012 ✭✭✭✭sydthebeat


    There is only one underwriter providing combined insurance for sports clubs. This company is English based.

    If they pull out, sports clubs across the country will close.


  • Registered Users Posts: 23,453 ✭✭✭✭Kermit.de.frog


    67k for falling down stairs at national museum.

    An unfortunate accident 470,000 other people successfully managed to avoid.

    https://www.independent.ie/irish-news/courts/australian-tourist-who-fell-down-stairs-in-national-museum-awarded-67000-by-high-court-38349448.html


  • Closed Accounts Posts: 4,950 ✭✭✭ChikiChiki


    67k for falling down stairs at national museum.

    An unfortunate accident 470,000 other people successfully managed to avoid.

    https://www.independent.ie/irish-news/courts/australian-tourist-who-fell-down-stairs-in-national-museum-awarded-67000-by-high-court-38349448.html

    Even the tourists are getting involved now. Perhaps they heard of this little goldmine out in the Atlantic that rewards stupidity.


  • Subscribers Posts: 41,012 ✭✭✭✭sydthebeat


    no wonder he flew back from australia......

    i can think of 66,989 reasons.....


  • Registered Users Posts: 1,817 ✭✭✭marvin80


    sydthebeat wrote: »
    no wonder he flew back from australia......

    i can think of 66,989 reasons.....

    Seems happy with the outcome anyway.

    This is another good one - woman sprays flammable substance from can close to a naked flame and gets burnt. What did she expect to happen?
    People need to take some responsibility for their daftness.

    https://www.independent.ie/irish-news/courts/nurse-who-claimed-dry-shampoo-aerosol-turned-into-flame-thrower-in-nightclub-bathroom-settles-action-38349060.html


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  • Registered Users Posts: 3,235 ✭✭✭jackofalltrades


    67k for falling down stairs at national museum.

    An unfortunate accident 470,000 other people successfully managed to avoid.

    https://www.independent.ie/irish-news/courts/australian-tourist-who-fell-down-stairs-in-national-museum-awarded-67000-by-high-court-38349448.html
    There needs to be reform, but businesses need to up their game.
    The museum failed in its duty to take reasonable care to ensure his safety, she said.

    CCTV footage of the stairway and fall, the judge said, should have been preserved.

    A museum employee who viewed that footage should also have been made available to give evidence.
    They're not even doing the absolute minimum.

    Also get rid of candles from pubs and nightclubs, they're asking for trouble.


  • Closed Accounts Posts: 4,950 ✭✭✭ChikiChiki


    67k for falling down stairs at national museum.

    An unfortunate accident 470,000 other people successfully managed to avoid.

    https://www.independent.ie/irish-news/courts/australian-tourist-who-fell-down-stairs-in-national-museum-awarded-67000-by-high-court-38349448.html
    There needs to be reform, but businesses need to up their game.
    The museum failed in its duty to take reasonable care to ensure his safety, she said.

    CCTV footage of the stairway and fall, the judge said, should have been preserved.

    A museum employee who viewed that footage should also have been made available to give evidence.
    They're not even doing the absolute minimum.

    Also get rid of candles from pubs and nightclubs, they're asking for trouble.

    And swings, and high stools, and chairs and tables. May as well replace the glasses with plastic ones too while we are at it. Perhaps some cushioning on the walls to mitigate the risk of inebriated clientele falling against it. Carpet instead of tiles to remove slip hazards. Sure get rid of the drink too for water only and the loud music. Could do damage to some ears.

    Should be a safe enough nightclub then for all these poor unfortunates who are unable to perform a duty of care for themselves.


  • Registered Users Posts: 40,291 ✭✭✭✭Gatling


    ChikiChiki wrote: »
    And swings, and high stools, and chairs and tables. May as well replace the glasses with plastic ones too while we are at it.

    I was in a bar stateside that only served drinks in plastic and the tables and were physically bolted into the floor for different reasons but you can see it actually happening here .

    Here's an article on Oktoberfest pulling out
    Oktoberfest was due to be held in the capital for its 11th year but the plug was pulled, with Ireland's claim culture being cited as a factor.

    Speaking to the Irish Independent, Charlie Egan, one of the project managers for the event, said previous claims had "started to catch up on them".

    "He revealed how a woman received €16,000 after a plastic flag with a beer logo fell on her shoulder and another woman received €36,000 after she twisted her ankle while walking."


    https://m.independent.ie/irish-news/people-twisted-their-ankles-dancing-and-it-was-somehow-deemed-our-fault-oktoberfest-boss-slams-compo-culture-38347992.html


  • Closed Accounts Posts: 1,220 ✭✭✭Jurgen The German


    Gatling wrote: »
    Speaking to the Irish Independent, Charlie Egan, one of the project managers for the event, said previous claims had "started to catch up on them".

    Thats the biggy here. These claims usually take a minimum of 18 to 24 months to settle. Given the statute of limitations to make an injury claim stands currently at two years (basically a person has up to 2 years to make an injury claim from the date of incident), it wouldn't surprise me in the slightest if some of these claims materialise long after the incident as they can be sure that any CCTV footage would be long gone and the staff / witnesses would likely be extremely difficult to locate.


  • Registered Users Posts: 32,136 ✭✭✭✭is_that_so


    Another piece on the insurance saga but interesting last line to it.
    It is understood that the possibility of a crash-out Brexit has made many insurers in the UK review operations in the Irish market.

    https://www.irishtimes.com/news/politics/diving-companies-face-brexit-chaos-over-insurance-renewals-1.3968767


  • Posts: 0 [Deleted User]


    is_that_so wrote: »

    So too Drone insurance companies


  • Registered Users Posts: 37,517 ✭✭✭✭eagle eye


    ChikiChiki wrote:
    Should be a safe enough nightclub then for all these poor unfortunates who are unable to perform a duty of care for themselves.
    If you are going to serve alcohol to already inebriated people you have a duty of care to them.


  • Registered Users Posts: 37,517 ✭✭✭✭eagle eye


    Gatling wrote:
    "He revealed how a woman received €16,000 after a plastic flag with a beer logo fell on her shoulder and another woman received €36,000 after she twisted her ankle while walking."
    He is giving you his side of what happened. It's entirely possible that these two incidents were not the fault of the claimants and that injury did occur. There are loads of bogus claims and ridiculous claims too but I wouldn't be just taking the word of one man suggesting what happened to these two claimants was bogus.


  • Registered Users Posts: 28,394 ✭✭✭✭AndrewJRenko


    67k for falling down stairs at national museum.

    An unfortunate accident 470,000 other people successfully managed to avoid.

    https://www.independent.ie/irish-news/courts/australian-tourist-who-fell-down-stairs-in-national-museum-awarded-67000-by-high-court-38349448.html

    Did you miss the bit about the shiny step surface and the lack of a handrail?


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    Did you miss the bit about the shiny step surface and the lack of a handrail?

    Its an old building, it has Portland stone and a railing that goes most of the way.


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  • Registered Users Posts: 28,394 ✭✭✭✭AndrewJRenko


    Its an old building, it has Portland stone and a railing that goes most of the way.

    Both of which contributed to creating an unsafe environment for the public, especially older people.


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    Both of which contributed to creating an unsafe environment for the public, especially older people.

    Which can only be solved by removing the ancient stone or adding a new railing not in keeping with the old one if that is even possible in a protected building. Or closing the building.

    We should probably close all public buildings and museums, and that maybe where we are heading.


  • Registered Users Posts: 8,275 ✭✭✭jmreire


    Both of which contributed to creating an unsafe environment for the public, especially older people.

    Yet up to that point, 470'000 people (and presumably a fair % of them elderly..) managed to negotiate these step's without incident???


  • Closed Accounts Posts: 2,398 ✭✭✭Franz Von Peppercorn II


    eagle eye wrote: »
    If you are going to serve alcohol to already inebriated people you have a duty of care to them.

    Since the bars can hardly have people everywhere and the person being drunk is not a valid excuse for the premise the only solution here is to stop serving people after a fairly limited number of drinks or, again, closing the business.
    Thats the biggy here. These claims usually take a minimum of 18 to 24 months to settle. Given the statute of limitations to make an injury claim stands currently at two years (basically a person has up to 2 years to make an injury claim from the date of incident), it wouldn't surprise me in the slightest if some of these claims materialise long after the incident as they can be sure that any CCTV footage would be long gone and the staff / witnesses would likely be extremely difficult to locate.

    That’s interesting. People sitting on claims for two years seems co-ordinated either by themselves or by their solicitors.


  • Registered Users Posts: 8,275 ✭✭✭jmreire


    Since the bars can hardly have people everywhere and the person being drunk is not a valid excuse for the premise the only solution here is to stop serving people after a fairly limited number of drinks or, again, closing the business.



    That’s interesting. People sitting on claims for two years seems co-ordinated either by themselves or by their solicitors.

    Well, recently we are seeing a few ( too few, unfortunately !!! ) very much publicized compo case's being kicked out by Judges, with believe it or not, several being referred to the Guard's for prosecution for fraud. It will be interesting to see what ( if any) effect this will have on any pending case's......might even give the insurance company's an extra bit of muscle when defending cases ???


  • Registered Users Posts: 1,726 ✭✭✭lalababa


    jmreire wrote: »
    Since the bars can hardly have people everywhere and the person being drunk is not a valid excuse for the premise the only solution here is to stop serving people after a fairly limited number of drinks or, again, closing the business.



    That’s interesting. People sitting on claims for two years seems co-ordinated either by themselves or by their solicitors.

    Well, recently we are seeing a few ( too few, unfortunately !!! ) very much publicized compo case's being kicked out by Judges, with believe it or not, several being referred to the Guard's for prosecution for fraud. It will be interesting to see what ( if any) effect this will have on any pending case's......might even give the insurance company's an extra bit of muscle when defending cases ???
    Unfortunately I wouldn't hold my breath.


  • Registered Users Posts: 28,394 ✭✭✭✭AndrewJRenko


    Since the bars can hardly have people everywhere and the person being drunk is not a valid excuse for the premise the only solution here is to stop serving people after a fairly limited number of drinks or, again, closing the business.
    Or we could just move to a European type model where people don't get so drunk that they're falling over regularly.
    jmreire wrote: »
    Yet up to that point, 470'000 people (and presumably a fair % of them elderly..) managed to negotiate these step's without incident???
    Yes, indeed - given the nature of human ability, there will be a particular set of conditions involving the ability or disability of the person, the weather conditions (possibility of rain making it slippy), the lighting, the noise level (that may distract the person) - all of which are generally predictable - that will combine to create a situation where a person slips and gets injured.
    Which can only be solved by removing the ancient stone or adding a new railing not in keeping with the old one if that is even possible in a protected building. Or closing the building.

    We should probably close all public buildings and museums, and that maybe where we are heading.
    Probably no need for the dramatic closing - there are solutions like metal studs or bars to provide grip on steps, and hand rails fitted to the centre of the staircase to ensure they work for everyone, rather than just one side


  • Registered Users Posts: 8,275 ✭✭✭jmreire


    Or we could just move to a European type model where people don't get so drunk that they're falling over regularly.


    Yes, indeed - given the nature of human ability, there will be a particular set of conditions involving the ability or disability of the person, the weather conditions (possibility of rain making it slippy), the lighting, the noise level (that may distract the person) - all of which are generally predictable - that will combine to create a situation where a person slips and gets injured.


    Probably no need for the dramatic closing - there are solutions like metal studs or bars to provide grip on steps, and hand rails fitted to the centre of the staircase to ensure they work for everyone, rather than just one side

    Well, assuming that by now remedial work will have been carried out, with more safety features installed, we will see if ( or when) another "accident" happens there. And if there is another claim or claim's, how long before the insurance costs become impossible to support? ( As this is state property, the state will just absorb the additional costs ) But how many business's who don't have this luxury, will close this year due to unaffordable insurance cost's? And the next, unless something is done ?


  • Registered Users Posts: 8,275 ✭✭✭jmreire


    Or we could just move to a European type model where people don't get so drunk that they're falling over regularly.


    Believe me, Europeans can and do drink as much as the Irish..and in some case's, even more..try matching a Pole or a German, drink for drink, and see who will be standing... But any sign of drunkenness in the bar, and you are out. And if you do have a drink induced accident / incident, forget about mega claim payout's. That's the difference between Ireland and the rest of the EU.


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  • Registered Users Posts: 11,624 ✭✭✭✭meeeeh


    Or we could just move to a European type model where people don't get so drunk that they're falling over regularly.


    Yes, indeed - given the nature of human ability, there will be a particular set of conditions involving the ability or disability of the person, the weather conditions (possibility of rain making it slippy), the lighting, the noise level (that may distract the person) - all of which are generally predictable - that will combine to create a situation where a person slips and gets injured.


    Probably no need for the dramatic closing - there are solutions like metal studs or bars to provide grip on steps, and hand rails fitted to the centre of the staircase to ensure they work for everyone, rather than just one side

    I was watching Gardeners World yesterday (yeah I know I'm sad and old) and they showed the park in Germany in disused foundry. Families were walking around the buildings, even climbing into the towers, there was a rock clibing wall on one of the towers and so on. First thing that struck me is that would never work in Ireland because people would be falling all over the place and suing. Anyone who visited old churches and climbed on top would know that narrow pretty scary staircases and lack of railings is a norm. Vatican would be probably bankrupt by now if they were paying off Irish type claims to people visiting St Peter's basilica.

    You are suggesting we should move to European type model. I agree we should move to European type model of a lot smaller or no awards.

    Edit: just to add. Last time I was to Oktoberfest was probably 20 years ago. There was a nice big grassy area at the side full of sleeping and resting 'moderate' drinkers.


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