Criminal Versus Civil Negligence
You may think that you have insurance that will cover you for any loss. Let me give you a few examples
of common everyday events that insurance simply does not cover.
Say
you go out to lunch with some friends and have a few drinks which just take you over the legal limit, and on the way home
you knockdown a pedestrian. Well driving a car under the influence is a criminal offence
not a civil offence so you are NOT insured.
In America
an employee is instructed to deliver mail to the post office and the employee uses the business owner’s car. On the
way to the post office the employee stops at the local bar for a quick drink. He continues his journey but knocks down a pedestrian.
It was held in court that the employer was liable for the damages claim!!
Now I can hear you saying that this could not happen in Australia and perhaps you are right but
studies have shown that whatever landmark case occur in America, takes about 2 to 3 years before the same claims are taken
up in Australia.
Again
I can hear you saying “but this happened in America
not here” well consider this:
A case of sexual
assault was made against a chiropractor in NSW. It turned out that that a patient alleged sexual assault when the chiropractor
was treating her. There were only two people in the surgery when the alleged incident took place. The Chiropractic Association
of NSW took action against the chiropractor (his own union for heavens sake!).
Naturally because this an alleged criminal incident the insurance company wont be covering the claim
whether it is proved or not. So win lose or draw, the chiropractor will have to foot the bill and because there were no witnesses
it will be up to the judge as to which story he believes. The chiropractor, not knowing any better, has his practice in his
personal name and his house is held jointly with his wife. He basically has everything on the line and even if he wins he
will be held up for the legal costs.
In NSW an 8 year
old girl fell from a horse she was riding at a trail riding centre and broke her wrist. Apparently this ruined a brilliant
career for the hapless child as a violi player. She was awarded $113,000.
In
May 2004 a man was sued in Queensland for $2.1 million
dollars when his golf ball hit a fellow golfer in the back of the neck causing serious paraplegia. The golfer was not insured
because they were both playing in a charity game so, because the golf club itself did not receive a fee for the game, you
guessed it the golfers were not covered by insurance. ©
