The Co Op insurers make offer

#1 2008-11-27 14:23:51
stuteeblue

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2008-11-27

Posts: 1

The Co Op insurers make offer

My 5 year old daughter slipped on a wet floor in a branch of the CoOp some months ago and sustained an eye injury (bruising/swelling).The staff were indifferent and did not help at all or record the accident.The area manager stated the employee cleaning was not trained and no wrning signs were posted.They passed the nmatter to ther insurers (Zurich) who investigated and admitted liability offering ?850 in compensation.I think this is ok for the bruisng etc.In any case 2 months afer sending a letter of acceptance they have not paid.I called a few times and was told by an emplyee the figure should be ratified at court?First time Ive heard of this.
Should I send a 14 day 'pay or else' letter and then reclaim this through the small claims court or is this not allowed? (I have done this online with bank charges).

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#2 2008-11-30 11:12:24
claimsus

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Registered:

2008-11-28

Posts: 29

Although some small payments to children are made just on the basis of a signed
acceptance by a parent, it is not good practice to do it this way. It is better to
ask the court to approve it. This makes sure that the child does not turn 18 and say
"you settled my claim for not enough". It may sound strange but that is what can
happen. Settlement with the parent is not binding on the child. To make sure the
settlement is binding the court should approve it. The procedure is to issue an
application at court. At the hearing the judge decides whether the settlement is in
the child's best interests. This protects the child and the parent. The court then
directs what happens to the money. Normally the court wants to make sure that the
child is protected so the money is invested by the court funds office until the
child is 18. This makes sure that the money is not mis-spent. The court funds office
gets a good rate of interest and the interest is accumulated so the fund will beat
inflation.The court can agree to payments out of the fund if it thinks that it is in
the best interests of the child.
If this seems daunting, instruct a solicitor. The insurance company will be ordered
to pay the legal costs of a solicitor preparing all the paperwork and going to
court. The procedure would take in the region of 3 months.

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