Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Dec 13th, 2017 9:42 pm
Member
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Dec 9, 2008
389 posts
65 upvotes
Toronto
I guess they gave up. Interesting info on this thread.
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Oct 1, 2011
4943 posts
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Just came upon this thread.

I would have taken the video evidence (no fall on your property) and informed my insurance company about the whole thing. They can then use their own legal counsel and defend against empty/fraudulent claims. They won't necessarily settle if they know it is a bogus claim.

Not sure if this will impact insurance rates.
Deal Fanatic
Sep 16, 2004
6851 posts
734 upvotes
Toronto
Witness and video footage of him walking in an upright position is all you need in court.
Why worry? Go to court.Call his bluff.
Let the Judge throw the hammer at him. Hopefully literally.
Deal Addict
Oct 7, 2007
3157 posts
738 upvotes
slicky803 wrote:
Sep 22nd, 2017 1:17 pm
Actual lawyer here. The vast majority of "advice" you've been given here is horribly inaccurate. Assuming you have liability insurance in place for your business, you should inform them and they will take care of everything for you from disputing the claim to retaining legal counsel to represent you. Don't listen to what the armchair lawyers here are telling you, especially in garbage posts like this.
In theory, you are correct. In practice, this may or may not be the case. There are countless cases that can be researched on CANLII and even someone I know personally where the insurance company started messing with the insured when they tried to put in a claim and it became a highly stressful situation for the insured. Insurance is a funny thing because you hope you never need it but you only know how good it is when you go to use it. Needless to say, in my friend's case, they had to go through a series of lawsuits with both the liability issue AND the insurance company not fulfilling their obligation both of which caused a lot of needless aggravation and really opened my eyes to the kind of scams insurance companies and their lawyers can try to pull on their clients. In the end, my friend was able to sort out both issues with the person suing AND the insurance company but it wasn't fun and if my friend wasn't so diligent in the first place, things may not have worked out well in the end.
Jr. Member
Feb 22, 2007
181 posts
120 upvotes
New Westminster
choclover wrote:
Sep 23rd, 2017 12:13 pm
In theory, you are correct. In practice, this may or may not be the case. There are countless cases that can be researched on CANLII and even someone I know personally where the insurance company started messing with the insured when they tried to put in a claim and it became a highly stressful situation for the insured. Insurance is a funny thing because you hope you never need it but you only know how good it is when you go to use it. Needless to say, in my friend's case, they had to go through a series of lawsuits with both the liability issue AND the insurance company not fulfilling their obligation both of which caused a lot of needless aggravation and really opened my eyes to the kind of scams insurance companies and their lawyers can try to pull on their clients. In the end, my friend was able to sort out both issues with the person suing AND the insurance company but it wasn't fun and if my friend wasn't so diligent in the first place, things may not have worked out well in the end.
I gotta say, that's kind of an odd perspective in my eyes. I'm not saying that can't happen, but I have a couple of replies to that:

1. There are countless MORE cases on CanLII or other databases or unreported where the insurer did their job properly, without incident, and without "messing with" their insured.
2. What's the point of having insurance if not for situations exactly like this? Someone is making a legal claim, alleging negligence on OP's part causing personal injuries. This is a textbook reason for having liability insurance. What's the point of having the insurance if you're not going to use it?
3. If OP decides to be a cowboy and things go poorly for him, it's unlikely his insurance would indemnify him in that case, because the loss may have been as a result of OP's own failure to notify his insurer and permit them to investigate and defend the claim.

I have no clue what your friend's situation was. But I can tell you, I work in this industry, and have been on both sides of insurance claims for a number of years. If your friend had a crappy experience, it's far from the norm.
Deal Addict
Oct 7, 2007
3157 posts
738 upvotes
slicky803 wrote:
Sep 23rd, 2017 10:24 pm
I gotta say, that's kind of an odd perspective in my eyes. I'm not saying that can't happen, but I have a couple of replies to that:

1. There are countless MORE cases on CanLII or other databases or unreported where the insurer did their job properly, without incident, and without "messing with" their insured.
2. What's the point of having insurance if not for situations exactly like this? Someone is making a legal claim, alleging negligence on OP's part causing personal injuries. This is a textbook reason for having liability insurance. What's the point of having the insurance if you're not going to use it?
3. If OP decides to be a cowboy and things go poorly for him, it's unlikely his insurance would indemnify him in that case, because the loss may have been as a result of OP's own failure to notify his insurer and permit them to investigate and defend the claim.

I have no clue what your friend's situation was. But I can tell you, I work in this industry, and have been on both sides of insurance claims for a number of years. If your friend had a crappy experience, it's far from the norm.
1. Glad to hear it but you have to admit that insurance is an industry where it is hard for consumers to compare stories because it is a lot less transparent who is being declined for what and by which insurer. Furthermore, some people may not want to divulge their whole life story to others unless they know them well on such matters. In contrast, if a retailer treats a consumer badly, everyone is going to hear about it by today's standards.
2. Agree 100%. Insurance is a must and I believe the insured should start the process in good faith following the protocol set out by the insurer to give them every opportunity to rectify the situation and to also remove any opportunity for them to decline involvement by claiming that the insurer did not follow the proper procedure.
3. Agree 100%. OP should not be a cowboy BUT he should keep diligent notes and records of all involvement with both the party alleging the claim AND the insurer just in case the insurer decides to give him the gears. From what I have seen based on multiple experiences, insurers do not play fairly and they will drag things out until the cows come home.

I am glad to hear that my friend's situation is considered abnormal but it has definitely affected the way my friend conducts their business affairs going forward. The whole experience was like pouring salt (the insurer screwing around) on a wound (getting sued by an irrational opportunist) in the first place. At the end of the day, my friend ended up saving the insurer a ton of money by handling everything himself through the legal system but had a really bitter taste left in his mouth.
[OP]
Newbie
Mar 5, 2017
8 posts
18 upvotes
OP here,

I still haven't been served or been contacted by the law firm. I believe when I was originally contacted by the clerk and I told him that their client fell on the neighbor's property and that I had a witness and video evidence, that that was enough for them to realize that this one was not worth fighting.
I do feel that I handled this correctly by standing my ground, not telling them my insurance company and telling them to sue me personally. I feel pretty confident that no lawyer would attempt to sue me with the evidence that I have. I just want to reiterate that my broker had told me that I should try and stop them from bringing a suit against me, because the insurance company might just settle and I would be stuck paying my $2500 deductable. I was very shocked to hear that, I had a real " what the hell am I paying you for?" moment.

My belief is that these American style law firms that have popped up in Canada that work on contingency are only looking for an easy score and will not take a small claim like this to trial.

I will also add that I called a few law firms. I know that many will offer a free consultation and I was looking for some free advice. (This is RFD right). I called one, let's say the name is kind of like Ruby and Ruby, to see if I could get some free advice. I explained what happened to them and was told someone would call me back. A few days later I got a call from someone saying that they don't take cases like mine! WTF! They spend millions on advertising looking for the easy score cases but when someone calls looking for real legal help they can't take it. It totally confirmed my belief that they are proverbial ambulance chasers.
Penalty Box
Dec 27, 2013
6141 posts
2226 upvotes
Toronto
heynow9991 wrote:
Sep 24th, 2017 12:50 pm
OP here,

I still haven't been served or been contacted by the law firm. I believe when I was originally contacted by the clerk and I told him that their client fell on the neighbor's property and that I had a witness and video evidence, that that was enough for them to realize that this one was not worth fighting.
I do feel that I handled this correctly by standing my ground, not telling them my insurance company and telling them to sue me personally. I feel pretty confident that no lawyer would attempt to sue me with the evidence that I have. I just want to reiterate that my broker had told me that I should try and stop them from bringing a suit against me, because the insurance company might just settle and I would be stuck paying my $2500 deductable. I was very shocked to hear that, I had a real " what the hell am I paying you for?" moment.

My belief is that these American style law firms that have popped up in Canada that work on contingency are only looking for an easy score and will not take a small claim like this to trial.

I will also add that I called a few law firms. I know that many will offer a free consultation and I was looking for some free advice. (This is RFD right). I called one, let's say the name is kind of like Ruby and Ruby, to see if I could get some free advice. I explained what happened to them and was told someone would call me back. A few days later I got a call from someone saying that they don't take cases like mine! WTF! They spend millions on advertising looking for the easy score cases but when someone calls looking for real legal help they can't take it. It totally confirmed my belief that they are proverbial ambulance chasers.
i agree.. so much BS out there and fakes and phonies looking for free score... bunch of asshats.
Deal Addict
Oct 7, 2007
3157 posts
738 upvotes
Dear OP, no offense to lawyers who peruse RFD, consider your life significantly better off the less you have to deal with lawyers on this matter. I have met with various lawyers when trying to get a matter dealt with (you know, the initial consultation where you are trying to figure out whether you want to actually hire them) and most of the ones I met with were very unimpressive. And it seems like the ones who charge the most $500-600/hr are no more impressive than the cheaper ones. I even know people in my community who are lawyers and while they are great people they seem to have awful judgement. I would never hire any of them to do any legal work for me. One lawyer I had to deal with on a pretty serious issue who worked for someone on the opposite side was lying to me. Yes, the lawyer was flat-out lying and making stuff up that was not true. I could not believe it. And he was a partner in a firm that wasn't large but wasn't tiny. And, get this, lawyers are self-regulated so they really only answer to themselves when it comes to ethics disputes or complaints from the public. Looking at all the facts, I don't see a lot of hope for the legal profession in the future. I don't want to say all lawyers are bad people or bad lawyers. But you really have to do your homework.
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Oct 13, 2009
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Iqaluit, NU
heynow9991 wrote:
Sep 24th, 2017 12:50 pm
OP here,

I still haven't been served or been contacted by the law firm. I believe when I was originally contacted by the clerk and I told him that their client fell on the neighbor's property and that I had a witness and video evidence, that that was enough for them to realize that this one was not worth fighting.
I do feel that I handled this correctly by standing my ground, not telling them my insurance company and telling them to sue me personally. I feel pretty confident that no lawyer would attempt to sue me with the evidence that I have. I just want to reiterate that my broker had told me that I should try and stop them from bringing a suit against me, because the insurance company might just settle and I would be stuck paying my $2500 deductable. I was very shocked to hear that, I had a real " what the hell am I paying you for?" moment.

My belief is that these American style law firms that have popped up in Canada that work on contingency are only looking for an easy score and will not take a small claim like this to trial.

I will also add that I called a few law firms. I know that many will offer a free consultation and I was looking for some free advice. (This is RFD right). I called one, let's say the name is kind of like Ruby and Ruby, to see if I could get some free advice. I explained what happened to them and was told someone would call me back. A few days later I got a call from someone saying that they don't take cases like mine! WTF! They spend millions on advertising looking for the easy score cases but when someone calls looking for real legal help they can't take it. It totally confirmed my belief that they are proverbial ambulance chasers.
I guess their goal is to win money for the scumbags not defend against the scumbags
deleted to keep the site family friendly. Was about copping sick fadez.

Well there's no sick fadez left to be copped now that the regimen cannot be admired in all its glory

RIP sick fadez.
Deal Fanatic
Jun 11, 2005
5676 posts
768 upvotes
Mississauga
heynow9991 wrote:
Sep 24th, 2017 12:50 pm
OP here,

I still haven't been served or been contacted by the law firm. I believe when I was originally contacted by the clerk and I told him that their client fell on the neighbor's property and that I had a witness and video evidence, that that was enough for them to realize that this one was not worth fighting.
I do feel that I handled this correctly by standing my ground, not telling them my insurance company and telling them to sue me personally. I feel pretty confident that no lawyer would attempt to sue me with the evidence that I have. I just want to reiterate that my broker had told me that I should try and stop them from bringing a suit against me, because the insurance company might just settle and I would be stuck paying my $2500 deductable. I was very shocked to hear that, I had a real " what the hell am I paying you for?" moment.

My belief is that these American style law firms that have popped up in Canada that work on contingency are only looking for an easy score and will not take a small claim like this to trial.

I will also add that I called a few law firms. I know that many will offer a free consultation and I was looking for some free advice. (This is RFD right). I called one, let's say the name is kind of like Ruby and Ruby, to see if I could get some free advice. I explained what happened to them and was told someone would call me back. A few days later I got a call from someone saying that they don't take cases like mine! WTF! They spend millions on advertising looking for the easy score cases but when someone calls looking for real legal help they can't take it. It totally confirmed my belief that they are proverbial ambulance chasers.
They gave up on you. You knew your rights and stuck to your guns. They are now chasing somebody else hoping for an easier score.
Deal Addict
Jan 27, 2011
1502 posts
606 upvotes
Toronto
OP you should post a picture of the guy to warn other business owners who to look out for.
Up votes, down votes, they're all votes for me! I thank you!
Penalty Box
Apr 26, 2017
136 posts
17 upvotes
heynow9991 wrote:
Jul 19th, 2017 8:20 am
Yes, you guys have summed up the problem well. If I make a claim, my insurance may just pay it and raise my rates, plus I have a $2500 deductable I may have to pay.

I deal with a broker, and I talked to them but I feel their advice is maybe not the greatest. They are more interested in selling insurance policies. Anyway, they said I need to prevent this person from making a claim because if they do the insurance company will just pay it. So I called the actual insurance company anonymously and tried to ask them for advice. They wouldn't talk to me, even though I am trying to save them from a frivolous lawsuit. So here I am taking all the stress of being sued with no backup from my insurance company which I pay a pretty healthy premium to every year.

So I am definitely standing my ground. When the lawyer's office called me and asked for my insurance companys information, I told them go ahead and sue me personally. They said to me just let us make a claim against your insurance company, that's what you pay them for.

So my plan is going into Attack Mode. What I'm looking for is ideas to waste a lawyers time. I know if they serve me I can file a form requesting a discovery meeting. I'm going to tell them I need the maximum time available for a discovery which is 7 hours. I'm going to tell them as well if they do file a suit against me I'm going to take my video evidence and witness statement and go to the local police and attempt to have fraud charges laid against their client. I will also tell them that I plan on counter suing for whatever crazy amount I can,I'm thinking 1 million dollars?

I have also learned over the years that everyone has a boss. In this case I am setting them up for a complaint to the Law Society. When they first called me I told them I need to speak to my lawyer but they continued to ask me questions. They then called me a couple hours after that and asked me more questions. I am expecting another call from the actual lawyer handling the case, and I will tell him first off that I want to speak to my lawyer but then I will continue to talk to him. I will then make a complaint to the Law Society that they are being aggressive and continue to call me even though I told them every time they called I told them that I need to get legal advice.
buddy you are talking as if you are an actual lawyer. and ppl who are saying "scare them by telling them you will go after them for costs"lol. are you being sued in SCC first of all? cus there is no "discovery " in SCC.

and another point, the guy suing you might have no money under his name, so for all u know he doesnt care if you get costs cus you'll never recover them!
counterclaim for what? you just said in your own post that the guy fell on camera, he can sue anyone he wants in the area who he feels may be liable. that dosnt mean he will win. he can just tell the courts "he thought that you were liable" and play the dumb card.

property claims are very complex. you may think you are not at fault but there may be some clause somewhere such as a joinder clause. sometimes ppl get injured right between 2 different properties. so who is at fault here? property A or B? or both? what if the guys arm was broken on Property B but his left foot was on property A? it gets complicated buddy
also if u want a 7 hour discovery, u are also gonna be wasting ur own time. u ready to punch out 7 hours worth of discovery questions? u know u will have to pay for the networking centre right?
Penalty Box
Apr 26, 2017
136 posts
17 upvotes
antigua1999 wrote:
Oct 2nd, 2017 10:14 am
They gave up on you. You knew your rights and stuck to your guns. They are now chasing somebody else hoping for an easier score.
lol you will get a claim soon buddy. they have 2 full years to serve you. horrible advice you've gotten here from ppl just like the other dude whos actually a lawyer said. gd luck
Deal Guru
Aug 2, 2010
11059 posts
2271 upvotes
'Actual' lawyer here too. Anyone can sue anyone for anything they want to at any time even if they have no grounds to do so. It's a tactic that is done in the hopes that the defendant will get so stressed at the situation and potential cost to potentially defend that they will roll over and settle. My company was sued maliciously and groundlessly years ago. The plaintiff ended up never moving forward. We had the lawsuit expunged after the requisite no action time-period.

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