Victim Harassment a new tactic of the Insurance Industry?
At a recent hearing of a personal injuries case in the High Court in Dublin we came to see one of the first public airings of what has become a new tactic of certain insurance companies in the ‘management of claims’.
Allegations were made that an insurance claims manager contacted the father of a woman involved in a car accident over 15 times to try to persuade the woman to accept a settlement arising from the accident.
It was claimed that there was a ‘campaign of harassment’ by Quinn Direct to persuade her to settle her case by way of numerous telephone calls and letters to her home a short time after her release from hospital.
The victim’s barrister told the court that his client was seeking aggravated damages because of the harassment she & her family endured.
Surprise, surprise the case settled a short time after commencement for an undisclosed sum.
The case highlights a trend where little regard is had for the interests of victims by certain insurance companies.
Some insurers have brought a whole new meaning to the phrase a ‘fast buck’.
Remarkable in all this has been the stony silence from government representatives who not so long ago were heralding the arrival of a shaft of reforms which would make insurance cheaper for all.
Unfortunately the victims seem to be the loosers in all of this!
With no requirements for independent advice, no cooling off periods and apparently no restrictions on this type of harassment by insurance companies it seems the industry’s profits are set to rise whilst victims are ‘short changed’.
What is most reprehensible is the abuse of foreign nationals which I have come across; many who have suffered significant injuries have been subjected to similar harassment by unscrupulous employers or insurers.
The growth of this trend says little for the ‘Corporate Conscience’ of the Insurance industry & its friends and requires to be redressed. In the meantime I believe solicitors have a role to play in protecting the interests of victims.
Paul Tracey is the principal of Paul W Tracey Solicitors 24 Marlborough Street Dublin
Ownership of Property – The Options
When two or more people have decided to purchase a property together it is very important to understand the different types of joint ownership available:
Option 1 – By Joint Tenancy
If people hold the title as joint tenants, they each own all of the property and if either of them die, the entire property automatically transfers to the other party on survivorship. This is the manner in which married couples own family homes and other properties. Please note that if the Deed / Transfer does not specifically state the shares owned by the parties, the law presumes that it was the intention of the parties to create a Joint Tenancy. This presumption has serious implications for parties who are not related by marriage, as the Tax Threshold between them is only €24,841.00 (indexed) at present.
Option 2 – Tenants in Common
If people are purchasing as an investment , in partnership, with friends or siblings or in contemplation of marriage at some point in the future, it is preferable to take the title as Tenants in Common. This means that both parties own a share of the property, depending on the proportion of the purchase monies provided by each . The Deeds states specific proportion owned e.g. 50/50, 60/40, 70/30 etc. On the death of a Tenant in Common, their share passes to their Estate and not directly to the other Joint owner. For anyone thinking of buying property in partnership, for whatever reason, it is recommended that a legally binding agrement be put in place. It should cover the following :
- Who the joint owners are and what financial contribution they made
- How long the agreement should last for
- What happens if one of the parties dies, or wants to realise his / her / their share of the property : should the other parties have first option to buy or should the property be sold and the proceeds divided
- What arbitration mechanism should be used to evaluate the property in the event of someone leaving
- Does a partner have the right to sub-let and must that person meet with the approval of the other parties
- Can one of the partners to the agreement take in a boyfriend/girlfriend ?
