Entrepreneurship & Small Business

Guy fell on neighbors property and is sueing me

  • Last Updated:
  • Dec 7th, 2018 1:55 am
Member
Dec 15, 2015
479 posts
281 upvotes
Toronto
slicky803 wrote:
Jun 13th, 2018 11:45 am
This whole thread is a tire fire to begin with. I've suggested before that OP contact his insurer to let them take care of it, but instead he chooses to fumble around playing lawyer and threatening lawsuits. Now if he fumbles his way to a judgment against him, his insurer might not even indemnify him because he didn't inform them of the action which he SHOULD have, or give them the opportunity to competently defend, as he should have.
Hah, was thinking the same thing. Why didn't this dude just call insurance, give them the video and move on with life.
[OP]
Newbie
Mar 5, 2017
30 posts
68 upvotes
TheMaterial wrote:
Jul 19th, 2018 5:31 pm
Hah, was thinking the same thing. Why didn't this dude just call insurance, give them the video and move on with life.
OP here. I explained the situation early on in the thread. My insurance broker said that I should try and prevent them making a claim as the insurance company might just pay it rather than fight it and I would be left to pay my $2500 deductible. Shitty advice, and maybe it's time to find a new broker.

Unfortunately, I am the one who has to deal with this. I know all the players involved, I have all the evidence and I can explain it in a way that makes sense. If I just hand it off to some random insurance company employee they may not be motivated enough or care enough to put the effort into fighting it.

Also, I still haven't been served with anything. Once I get served I still have the option of telling my insurance company about it. I most likely will. Think what you want, but I have successfully dissuaded two law firms so far.
Member
Dec 15, 2015
479 posts
281 upvotes
Toronto
heynow9991 wrote:
Jul 19th, 2018 5:57 pm
OP here. I explained the situation early on in the thread. My insurance broker said that I should try and prevent them making a claim as the insurance company might just pay it rather than fight it and I would be left to pay my $2500 deductible. Shitty advice, and maybe it's time to find a new broker.

Unfortunately, I am the one who has to deal with this. I know all the players involved, I have all the evidence and I can explain it in a way that makes sense. If I just hand it off to some random insurance company employee they may not be motivated enough or care enough to put the effort into fighting it.

Also, I still haven't been served with anything. Once I get served I still have the option of telling my insurance company about it. I most likely will. Think what you want, but I have successfully dissuaded two law firms so far.
You do you my man, but it just seems like a colossal waste of time for something that could have gone away. As a business owner the first thing you should have done is put a value on your time. If you can afford to own commercial property in Markham you must be doing well. $2500 should be a drop in the bucket and just part of the 'its business, sh** happens fund'. It's also $2500 you likely wouldn't end up paying, insurance doesn't just roll over like you seem to think.
Jr. Member
Jan 12, 2010
127 posts
26 upvotes
Read this whole thread and dropped by to root for the OP, go OP, fight the system!!! Down with the D-Bags!! Power to the People!!!
[OP]
Newbie
Mar 5, 2017
30 posts
68 upvotes
OP here, thanks for the encouragement.

I finally did get served with the lawsuit. I immediately sent the paperwork in to my insurance company.

Funny thing is that the plaintiffs lawyer is so bad, they didn't even have my name on the lawsuit. It has been 2 years and 4 months since the incident so they are too late to serve me. But I'm not off the hook. What's going to happen is my tenant is going to include me in the lawsuit, saying that I am responsible for the snow clearing. Then I may have to include my snowplow company, as I hire them to do the snow removal. It gets very complicated.

Fyi, they want 1 million dollars. Say that in Austin Powers voice
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Dec 11, 2003
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Toronto
WTF? 1 million? Did the guy even get "hurt"? How bad could the fall be? A sprain or something? Good luck OP. Does the lawyer that is suing you know that you have a video?

Man, you took a tumble but just move on with your life. It's winter. Just be careful.
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Oct 13, 2009
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Iqaluit, NU
this kind of story really angers me

la cosa nostra would just settle the case out of court.

good luck op.
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Mar 22, 2007
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Hamilton
Damn. Wow.

Thanks for the updates!
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[OP]
Newbie
Mar 5, 2017
30 posts
68 upvotes
OP here with another update.

My tenant has a lawyer. I have been talking to them and sharing evidence with them. My insurance company is setting me up with a lawyer, but I haven't talked to them yet.

I talked with the plaintiffs lawyer yesterday. This was the first time I had talked to the actual lawyer. I had called them to get a description of thier client, because throughout the lawsuit they refer to him as a male and a female. Like literally in one sentence it is a he and the next a she, then a he. I wanted to make sure I was looking at the right guy on the security video. She described him, and it is the right guy on the video who is shown walking into my property.

So we talk for a bit and she says I know you are claiming it didn't happen on your property and if you show me the evidence I am happy to release you from the suit. I told her I wanted to do that last year when they first called me but now that I'm facing a million dollar suit I need to get advice before I make any decisions. I reminded her that she has done a disservice to her client by pursuing the wrong owner for 2 years, and now the time has expired to go after the right property owner. Remarkably, she admits to me that her staff screwed up in not relaying the information to her that I had claimed it happened on the neighbors property. She said that prompted an office meeting to discuss how important it was to relay this kind of information. She also said that she had informed her insurance company of the mistake and the possible liability that they were facing. Both myself and the plaintiff have a good case against the lawyer. Remarkable.

All this bulls!tt because one dumb ass clerk doesn't talk to the lawyer.

As I have stated earlier, I still plan on counter suing everyone for malicious prosecution. I know some people have said it won't work, but I think in light of the recent developments I could get a judge to feel some pity on me. I won't get crazy and sue for "ONE MILLION DOLLARS" like they are. I plan on counting up every day that I have spent dealing with this and asking for $500 for every day. This is around what I make on an average day. I probably have 10 days into this so far. So $5k, small claims court, f*** them the bastards
Jr. Member
Jan 12, 2010
127 posts
26 upvotes
Hey OP, dropping by here after about 4 months to root for ya, looking for an update on the legal campaign, any casualties, victories, or still trench warfare
Deal Addict
Sep 23, 2007
4438 posts
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Wow. Great read. I hope you f*** them up as hard as possible. I can just picture this happening to me. Glad to read a story where the bad guys don't win. It's far too common that businesses or anyone perceived to be in a position of power/wealth have to suck it up.
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Mar 7, 2017
571 posts
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Ham, ON
@heynow9991 Hey OP, I want to commend your efforts here for not simply bending over. I have read the entire thread.
I was speaking to someone recently, and they were counter suing for something. They told their lawyer they wanted to be repaid for the value of their time, and for the layer to add in a margin to pay themselves from. She ended up being awarded this, so things worked out for her, her time was compensated for (at a nice rate I might add), and her lawyer fees were covered. Speak with your lawyer if they can work in an additional value for the counter sue to cover their expenses - if you haven't already.
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May 22, 2016
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Ontario
You should sue for more than $5k. Maybe the case was given to this small time lawyer from one of those scam lawyer firms like Diamond and Diamond.
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Apr 5, 2013
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markham
just too add to this thread regarding $1million as a lawsuit...years ago , I fell on ice at a homeowners I was invited to do a service (my job)..they never cleared standing ice and I went down hard, broke my wrist. I had pictures and admittance of fault...I was off 3 months...I retained lawyers experienced in this..before even going in , they explained what awards I may be entitled to...not much more that legal fees, lost wages, medical rehab and less than $10g's for pain and suffering... no golden million dollar pot at the end of the rainbow...and I had rock solid proof and admittance of neglect.
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Aug 15, 2015
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cardguy wrote:
Nov 6th, 2018 2:36 pm
just too add to this thread regarding $1million as a lawsuit...years ago , I fell on ice at a homeowners I was invited to do a service (my job)..they never cleared standing ice and I went down hard, broke my wrist. I had pictures and admittance of fault...I was off 3 months...I retained lawyers experienced in this..before even going in , they explained what awards I may be entitled to...not much more that legal fees, lost wages, medical rehab and less than $10g's for pain and suffering... no golden million dollar pot at the end of the rainbow...and I had rock solid proof and admittance of neglect.
Have you recovered from your injury? Does your injury still affect you to this date or not really? I'm just curious.

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