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Ridiculous Compensation - About time

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Comments

  • Registered Users Posts: 4,820 ✭✭✭enricoh


    Iirc Alan shatter raised the amounts that the district court n circuit court could award, and guess what awards went up!
    The last zero should be knockrd off awards 20000 becomes 2000 n no scammers bother anymore


  • Registered Users Posts: 975 ✭✭✭decky1


    compensation it's a laugh, got knocked off my motor bike some years ago lost a good bit of elbow, now have plate +several pins-- had to wait 4 years to get fixed up 20 ,000 my wife's friend fell on a curb slight shoulder injury 50,000 after 8 months??????????:confused:


  • Registered Users Posts: 2,968 ✭✭✭McCrack


    Our junior minister appears not to understand what a Referendum actually is and what it can apply to


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Easy solution and no referumdum* needed - reinstate Juries in civil cases and let them make the awards. How many people would have given Luas girl a cent?

    *As above though what exactly are we having a referendum on?


  • Registered Users Posts: 19,802 ✭✭✭✭suicide_circus


    McCrack wrote: »
    Our junior minister appears not to understand what a Referendum actually is and what it can apply to
    yeah I'm not sure where a referendum would come into it? Just cap payouts to the EU average or something


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  • Registered Users Posts: 9,605 ✭✭✭gctest50


    Betterer idea :

    When someone get a lump of compensation, it is paid directly into the social welfare fund.

    Then they can can collect it week by week @ around € 200 or whatever ( same as dole etc )

    Post offices/social welfare are already set up for this kinda thing - it'd be no load


    Too many get ripped off just after accidents because they are not "themselves" etc


  • Registered Users Posts: 3,918 ✭✭✭Grab All Association


    In quite a majority of cases the judge is only approving a settlement made by the claimant and insurers/defence. The insurance companies have to share part of the blame as they’re normally settling claims that could go potentially in their favour if decided by a judge.

    The luas surfer was offered that money in a settlement with Transdev/veoila whatever and the judge could only refuse to approve a settlement if he thinks it’s too low.

    Comprehensive and fire+theft types of cover should be banned or provided as an external cover. The minimum level of insurance is third party only and that’s all that’s needed. If you crash your car yourself into the ditch or wall then it should be tough luck. Third party customers premiums are no doubt bearing some of the cost of this cover, it very likely doesn’t come out of the insurers profits. Judging by the amount of new cars getting towed daily it’s hitting the insurers and no doubt TP customers.


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    gctest50 wrote: »
    Betterer idea :

    When someone get a lump of compensation, it is paid directly into the social welfare fund.

    Then they can can collect it week by week @ around € 200 or whatever ( same as dole etc )

    Too many get ripped off just after accidents because they are not "themselves" etc


    You could do that, New Zealand does something similar - you're made whole by the aparatus of the state. The issue is though if you were earning €100K a year on cycling home one night you're knocked off by a drunk driver and recieve serve brain damage is the dole a fair amount to be paid each week?


  • Registered Users Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    In quite a majority of cases the judge is only approving a settlement made by the claimant and insurers/defence. The insurance companies have to share part of the blame as they’re normally settling claims that could go potentially in their favour if decided by a judge.

    The luas surfer was offered that money in a settlement with Transdev/veoila whatever and the judge could only refuse to approve a settlement if he thinks it’s too low.

    Comprehensive and fire+theft types of cover should be banned or provided as an external cover. The minimum level of insurance is third party only and that’s all that’s needed. If you crash your car yourself into the ditch or wall then it should be tough luck. Third party customers premiums are no doubt bearing some of the cost of this cover, it very likely doesn’t come out of the insurers profits. Judging by the amount of new cars getting towed daily it’s hitting the insurers and no doubt TP customers.


    Eh? It's third party that makes up the vast majority of claims. I upgraded the car from an 09 recently to a 181 and the insurance went down.


  • Registered Users Posts: 9,605 ✭✭✭gctest50


    You could do that, New Zealand does something similar - you're made whole by the aparatus of the state. The issue is though if you were earning €100K a year on cycling home one night you're knocked off by a drunk driver and recieve serve brain damage is the dole a fair amount to be paid each week?


    i was thinking more of the "average" compo crash in Ireland, say € 50,000

    € 200 per week is about 10,000 so they'd knock 5 years out of it


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  • Registered Users Posts: 3,918 ✭✭✭Grab All Association


    Eh? It's third party that makes up the vast majority of claims. I upgraded the car from an 09 recently to a 181 and the insurance went down.

    But why should someone on TP bear a single cent of the cost through increased premiums of a number of comprehensive drivers wrecking their cars themselves through bad driving etc

    It would be like the VHI going out offering benefits of free liposuction, braces etc to customers on the dearest plans and making the basic plan customers bear the cost.

    RSA/Insurance Ireland are refusing to reveal whether TP customers bear any of the cost of these benefits due to commercial sensitivity apparently. Same with windscreen cover, handbag cover, sat nav cover etc. These are not a legal requirement. I’m not saying that people shouldn’t protect their own vehicle, I’m saying it should be separate to third party cover as an add on provided externally from a different pot of money and any loses should not be recouped by premiums of TP drivers.


  • Registered Users Posts: 11,690 ✭✭✭✭Skylinehead


    But why should someone on TP bear a single cent of the cost through increased premiums of a number of comprehensive drivers wrecking their cars themselves through bad driving etc

    Is that not just on the insurance companies not pricing their policies right? If comprehensive claims are hitting third party prices, then the comprehensive policies should be more expensive.


  • Closed Accounts Posts: 292 ✭✭Graniteville


    enricoh wrote: »
    Iirc Alan shatter raised the amounts that the district court n circuit court could award, and guess what awards went up!
    The last zero should be knockrd off awards 20000 becomes 2000 n no scammers bother anymore

    What it did was that it brought cases that were clogging up the high court into the district court.

    So whilst it would seem awards went up, in reality they stayed much the same, but costs dropped.


  • Registered Users Posts: 8,258 ✭✭✭jmreire


    judeboy101 wrote: »
    And if its yes, what's stops future gov capping payouts to future child sex/cervical smear/hep c style gov blunders? People need to think carefully about this.

    No we don't need to think about this at all. ALL cases should be tried on their merits, fully proven and compensated for. This means everything from major brain injuries due to HSE ( or any other cause ) to the whiplash brigade. And appropriate compensation paid. False claim's / perjury etc. should be pursued to the fullest extent of the Law, with appropriate sentencing. There are plenty of other Countries in the EU ( and even outside it ) which do not have the anything like the level of awards that are given in Ireland for injury claims. Insurance compo culture in this Country is a cancer which is eating away at the very fabric of society. Roll on the Referendum


  • Registered Users Posts: 3,712 ✭✭✭NewbridgeIR


    Chewbacca wrote: »
    I'd rather the Government challenge the Judiciary over percieved leniency of sentencing and the soft approach to criminality.

    Suspended sentences for offenders who have 100+ convictions is bollox.

    I can't see the left advocating a yes vote in either a compensation or sentencing referendum.

    Especially if this tweet (and responses) is anything to go by - https://twitter.com/sineadredmond/status/1054119504840740865

    People like that never get worked up about those individuals with 100+ convictions. Too busy complaining about blue collar crime, "suits" and middle class privilege.


  • Closed Accounts Posts: 5,593 ✭✭✭Wheeliebin30


    gctest50 wrote: »
    Betterer idea :

    When someone get a lump of compensation, it is paid directly into the social welfare fund.

    Then they can can collect it week by week @ around € 200 or whatever ( same as dole etc )

    Post offices/social welfare are already set up for this kinda thing - it'd be no load


    Too many get ripped off just after accidents because they are not "themselves" etc

    Who gets ripped off after accidents??


  • Closed Accounts Posts: 778 ✭✭✭Jack Moore


    Witnessed a hi-ace brake abruptly for no reason on dual carriageway, vehicle behind had no reaction time and clattered the rear. Where's me compo boss? We are enabling despicable cretins, and consequently forking out more on insurance to cover excessive pay-outs.

    Vehicle behind was too close


  • Registered Users Posts: 8,258 ✭✭✭jmreire


    I can't see the left advocating a yes vote in either a compensation or sentencing referendum.

    Especially if this tweet (and responses) is anything to go by - https://twitter.com/sineadredmond/status/1054119504840740865

    People like that never get worked up about those individuals with 100+ convictions. Too busy complaining about blue collar crime, "suits" and middle class privilege.

    Sinead. no one is denying appropriate compensation for injuries damage etc. Burt at what point does compensation become fraud? Are you in favour of fraud?


  • Registered Users Posts: 3,629 ✭✭✭Wildly Boaring


    Whiplash and other injuries not nearly as well compensated in UK

    Yet my insurance on same car and circumstances was approx £650 there in 2012. Paying from €600 to €750 since returning.

    I know in construction industry that UK costs are also similar or higher than here.

    Anyone who thinks lower compensation will sort out insurers is mistaken.

    Straight in the insurers' pockets.

    Still want it sorted and if someone is making a fraudulent claim they must be pursued for same.

    Solicitors are main ones making money here. There were attempts to streamline and use an injuries board. They made sure that went to ****.


  • Registered Users Posts: 2,509 ✭✭✭Purgative


    Could we have a referendum on the number of referendums:


    1) Should the number of referendums be limited to one every 3 years


    or


    2) Should we have a referendum every fortnight and sack the shower in the Dail


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  • Registered Users Posts: 8,258 ✭✭✭jmreire


    Jack Moore wrote: »
    Vehicle behind was too close
    Yes that's the rule jack.. keep a distance between you and the next vehicle in which you can safely stop....but there is also a rule that says you check your mirrors a to make sure that its safe to stop. Driving along the motorway and jumping on the brakes for no apparent reason, smacks of an "Arranged" accident to me, and it is happening. For me personally, I always use a dash cam, and move it from car to car, depending on whose car I am driving.


  • Registered Users Posts: 3,712 ✭✭✭NewbridgeIR


    jmreire wrote: »
    Sinead. no one is denying appropriate compensation for injuries damage etc. Burt at what point does compensation become fraud? Are you in favour of fraud?

    You'll have to take it up with her but don't expect a response. You'll either be blocked or the acolytes will come out to defend her. As far as I remember the Luas rider compensation was topical on that particular day. Certain types of people get a free pass on everything they do.


  • Closed Accounts Posts: 5,593 ✭✭✭Wheeliebin30


    Whiplash and other injuries not nearly as well compensated in UK

    Yet my insurance on same car and circumstances was approx £650 there in 2012. Paying from €600 to €750 since returning.

    I know in construction industry that UK costs are also similar or higher than here.

    Anyone who thinks lower compensation will sort out insurers is mistaken.

    Straight in the insurers' pockets.

    Still want it sorted and if someone is making a fraudulent claim they must be pursued for same.

    Solicitors are main ones making money here. There were attempts to streamline and use an injuries board. They made sure that went to ****.

    NHS looks after all medical bills here HSE looks after nothing.

    That’s why there’s a difference.


  • Registered Users Posts: 2,637 ✭✭✭brightspark


    https://carmodymoran.ie/2012/04/21/record-compensation-claim/

    As the article in the link states (dating back to 2012 and recommended in 2010) there should be a system of paying the compensation in stages. That way there is no "lottery" payout, but the money is available as needed.

    IMHO genuine claims for long term injuries which currently need to be compensated by guessing future costs, inflation, medical advances etc., are driving up the cost of minor injuries pro-rata


  • Registered Users Posts: 3,629 ✭✭✭Wildly Boaring


    NHS looks after all medical bills here HSE looks after nothing.

    That’s why there’s a difference.

    Agreed

    But the cost of insurance to customers is the same in UK or higher despite lower payouts


  • Registered Users Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Whiplash and soft tissue injuries shouldn’t be entertained in court. The injuries assessment board should be the only avenue and the burden of proof should be placed fully on the person making the claim. If you are successful then there should be a limit of €5k plus medical expenses.

    In France whiplash is not even recognised as an injury!


  • Registered Users Posts: 8,258 ✭✭✭jmreire


    If the referendum will help in eliminating / reducing fraudulent claims, bring it on. And while they are at it, they can put the whole insurance "industry"under scrutiny...and make it a legal requirement that any insurance company operating in this Country has to make full disclosure each year.
    How much was paid out in claims?
    How much was taken in hard cash?
    How much were the running costs?
    Shared database, showing each and every claim.
    I know full well the importance of separating the judiciary from the state, but when the law allows this kind of wholesale extraction of cash from people, something has to change. Maybe some out there can comment on stock and share prices of funds which are directly linked to the insurance companies here in Ireland?


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