Real cases where Legal Protection comes in handy
Click on a question below to jump to the relevant answer:
» My vehicle got scratched in a car park
» A golf ball out of the game…
» A laptop that was travelling without insurance
» Beyond economic compensation
» Someone is jumping on my car!
» Whom can I claim the damage caused by a lost wild boar?
» Who must give way in a crossing with no signs?
» On the bus… not seated, not standing
» Story nº 9
» Story nº 10
» Story nº 11
» Story nº 12
» Story nº 13
» Story nº 14
» Story nº 15
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My vehicle got scratched in a car park
When our Insured had parked his car in a Shopping Mall's car park in Barcelona , he could not imagine what nasty surprise was expecting him when coming back.
After doing his shopping he came back to his parking spot and discovered that someone had scratched both sides of his car. He came to us bringing the claim form he had filled out in the car park and the parking ticket. The assessor estimated the damage to 911 Euros.
As it was a private car park, our Lawyer considered that there is duty to watch over the vehicles so we could demand responsibility from the Shopping Mall. We started the claiming process but got no reply at all so the only possibility we had left was to take them to Court. But before the court case took place the Shopping Mall sent us a cheque for the repair cost we were claiming.
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A golf ball out of the game…
Our Insured's car was duly parked in an apparently quite place when suddenly a golf ball hit his vehicle's right door. Lucky enough other people saw the incident happen so they could testify in his favour. However we did not need any witnesses. Apparently it was not the first time this happened so the owner of the golf course already had insurance that covered this type of incident. After assessing the damage we got in touch with the Insurance Company which accepted the valuation that amounted to 186,71 Euros. Case closed and a happy customer.
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A laptop that was travelling without insurance
Be careful if you buy a device that is already giving problems during the warranty period as when it finishes you could come across a situation like our Insured did.
Our Insured purchased a laptop that was giving problems since the beginning. When the device was still under warranty he already had to take it to the Spanish representative for repair, but without having to pay.
Problems started when the laptop broke down again but this time the warranty period was over. In the same repair place he was given an estimate of 310 Euros, which our Insured accepted. Once the repair was finished, the device was forwarded to him at his own cost and had to pay 4,5 Euros per kilo on top of the repair cost. No one had offered him the possibility to insure the device during its transport. When our Insured received his laptop it was duly protected for transport but there was a clear sign of a strong “hit” which had damaged the screen. It was so serious that it was too dear to repair.
We started the claiming process from the transport company as there were clear signs of negligence and lack of care during transport. We got in touch with them but had no reply at all.
We took the case to court and after three months the Judge accepted our claim of 695 Euros.
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Like every evening our Insured takes her puppy for a last walk in a park near her home where she usually meets other pets. There a German Sheppard bite it and if she hadn't intervened it would have been badly hurt. Our Insured didn't want to claim from the pet's owner as it was a neighbour with whom she had built up a good relationship. However she wanted to make sure this would not happen again. As she had a family legal defence policy, she decided to ask us to find an amicable solution. Given the circumstances, we sent a telegram to the young lady owner of the German Sheppard, asking to keep her dog on a line and with a “bozal”. A few days later she got in touch with us confirming that she was complying and that the incident would not happen again.
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Someone is jumping on my car!
No one expects to park his car on a public road and find that someone decides to jump on it… This was indeed what happened to our Insured who one day was told by a neighbour that someone was jumping on his car. All this caused damage to the vehicle's bonnet and roof, amounting to 625 Euros plus the fact that he could not use his car during a few days.
Luckily enough our customer had a legal defence policy so we took over. We claimed from the person direct but without success, so we decided to take the case to Court. As we expected, the Judge ordered the person to pay the total cost of repair plus the legal fees. On that occasion the court case was the most effective solution for our Insured.
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Whom can I claim the damage caused by a lost wild boar?
Our Insured was driving along a road belonging to Castellón when all of a sudden a wild boar got on the road and the collision with the animal could not be avoided. As a consequence of the impact our customer suffered material damaged amounting to 534 Euros. We started the claiming process against the “hunting organisation” from which the animal was coming from.
However, when we got in touch with them, no one was prepared to give us the name of the owner or his Insurance Company that covered this type of risk.
As we did not know who was liable for the accident we asked the Police to provide us with a report. They confirmed the incident and indicating in the report the exact km on the road where it occurred but still did not provide details of the owner. We decided to take the President of the Hunting Organisation to Court.
Just before the court case was taking place the Insurance Company paid the total cost our repair of our Insured's vehicle.
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Who must give way in a crossing with no signs?
Our Insured found himself in this situation after suffering an accident in an important street of Benidorm. He was driving along a national road when suddenly another vehicle got onto the same road and collided. The damage to our Insured's vehicle amounted to 2.500 €.
First it looked like the third party was not at fault as there were no signs on the crossing and he was coming from the right. Although it seemed unfair, it looked like it was our Insured's fault.
The legal team considered the situation and first decided to claim from the authorities responsible for the maintenance of the roads as even the Guardia Civil mentioned the lack of signs. However they decided to claim from the third party as although coming from the right he was actually on a small service road so before getting onto the road he should have given way to our Insured who was driving onto a main road.
The judge accepted and condemned the third party driver; our Insured got 2.562 € for the repair of his car plus interests until the sentence was given.
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On the bus… not seated, not standing
Using a bus for transport sometimes can become an adventure. Our Insured was travelling in a local bus when suddenly the driver braked to avoid collision with a private car that had jumped a stop sign and was driving off. A passenger was thrown away from her seat and fell onto our Insured's legs, a 61 year old person. She was so unlucky that she ended up with needing surgery on one leg and 50 days home stay during her treatment. She asked the legal team to start the claiming process for compensation. The bus driver was taken to Court with the documents showing the medical costs amounted to 7.900 €, but the Judge was not held responsible as he was obliged to brake strongly to avoid collision with a vehicle that had driven off.
The legal team decided to claim from the Insurance Compensation Fund (Consortium) showing the results from the previous Court case. Without any delay the Consortium accepted the claim and paid out our Insured's medical costs.
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