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  1. #26
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    I damaged a car playing golf once. Gave the driver all my details and business card, but told him he should chat to the club, and that I'd be calling them straight away and if their insurance didn't cover the repairs I would. I checked a week or so later and the club just paid to fix it without going through their insurance; clearly found that cheaper/easier.
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  2. #27
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    The club should be paying the excess. The GM putting it on you to pay is weak as piss.

  3. #28
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    That’s crap Damo. I thought it would be a no brainer for the club to pay the excess.

  4. #29
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    It's getting closer to the 'too hard' category...

    Not sure what other clubs do - this excess is only $50 but the insurance exclusions just make it pointless to claim anyway.

    Looking fwd to his reason for telling me the last little lie about the insurers contacting him - he probably won't reply...

    I most likely will just advise him that I hold him fully liable for the incident and if there are any medical complications linked to it in the future then that will be his responsibility - or words to that effect.

  5. #30

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    Where were you standing in relation to his shot when he hit you?


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  6. #31
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    Myself and another golfer were ahead of him, probably about 40m or so, and extreme right of where his view of the green was [ he was about 100 out] - the green was hard left ahead from where he hit the ball. I was ahead of him definitely, did I feel it was a dangerous spot, no not according to where he was hitting from - he hit a shocker...Am I partly to blame? - based on not being behind him, you could well argue that. Would he have seen us ahead of him? - yes . I guess most of us would call out 'watch your back ' or similar if we know someone is anywhere in front. If his shot had been any worse it would have gone straight back into the hazard he had just dropped beside...

  7. #32
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    Were you watching his shot when he hit it? Without knowing all the circumstances, so forgive me if I am wrong, if you walk in front of someone there has to be an onus on you to be watching.

  8. #33
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    Quote Originally Posted by Sydney Hacker View Post
    Were you watching his shot when he hit it? Without knowing all the circumstances, so forgive me if I am wrong, if you walk in front of someone there has to be an onus on you to be watching.
    True.
    We had moved fwd because he insisted on going into the hazard to search for his ball, we had seen it go in hard (the hazard is steep and dense), we had been looking behind us but probably chose the wrong moment to not...
    Its not about the money anymore, its about him being a #$&%.

  9. #34
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    Did he shout fore?

  10. #35
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    The shout, the turn of the head and the impact were all close together.

  11. #36
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    Was hit on sat , first time I have been hit , was playing my second shot into 9 th from trees on left as per usual, guy teeing off on 8 th pulls it left and gets me first bounce into leg bout 6 “above the knee . In cricketing terms it would have been just below the thigh pad . I heard people yelling “fore “ but it didn’t register I was the target, was admiring my shot too much ( low hook between trees , under and around branches ) heard it bounce and then felt it , surprisingly it didn’t really hurt .

  12. #37
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    Update for my golf ball incident...Insurance accepted liability and offered to pay my medical expenses as long as I signed a release form - as I have no guarantee of no future issues [particularly dental] , I didn't sign.

    Sent quite a few emails, texts, FB msgs to the other party asking him to make good on his original offer to cover my expenses. No reply to any of my messages...Saw him on course last week on a joint tee block - when he saw me he started hiding behind other players hoping I didn't notice him!

  13. #38
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    Quote Originally Posted by damoocow View Post
    Update for my golf ball incident...Insurance accepted liability and offered to pay my medical expenses as long as I signed a release form - as I have no guarantee of no future issues [particularly dental] , I didn't sign.Sent quite a few emails, texts, FB msgs to the other party asking him to make good on his original offer to cover my expenses. No reply to any of my messages...Saw him on course last week on a joint tee block - when he saw me he started hiding behind other players hoping I didn't notice him!
    Sounds like it’s becoming a dog’s breakfast! Would you confront the guy?

  14. #39
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    Quote Originally Posted by bongoey View Post
    Sounds like it’s becoming a dog’s breakfast! Would you confront the guy?
    I think I'll just pay the small qcat fee and try and resolve it that way, I have heard that he is now considering laying harassment charges against me!

  15. #40
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    What’s your definition of “quite a few” emails etc? Even non aggressive contact can go against you if it’s excessive, just be careful.

  16. #41

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    QCAT is the way to go.

    I am surprised that insurance doesn't cover it outrightly, and trying to release themselves from any future subsequent medical bills seems shady as heck... but the whole insurance industry is shady if you ask me.



  17. #42
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    Quote Originally Posted by 3oneday View Post
    What’s your definition of “quite a few” emails etc? Even non aggressive contact can go against you if it’s excessive, just be careful.
    Probably enough to get my point across, and it seems like, to annoy him.

  18. #43
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    Interesting late mail from an informed source tells me that the Insurance company have told him they will provide legal help and defend vigorously any claim I make through QCAT.
    If I did proceed via that avenue I would be asking him to honour his original offer to cover my expenses [as in an IOU] , which had nothing to do with insurance [ so I would assume I could argue they should not be involved].
    It's all so ridiculous!

  19. #44

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    They absolutely should not be involved if it has nothing to do with insurance.

    My mate just had a win today at VCAT under different circumstances but an equally frustrating and ridiculous situation.



  20. #45
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    Far better to instigate a blood feud, steal his cattle and kill his family.

  21. #46

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    Quote Originally Posted by Yossarian View Post
    Far better to instigate a blood feud, steal his cattle and kill his family.
    This guy litigates.



  22. #47
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    Sounds like it’s turning in to a bit of a soap opera, go well buddy let us know how it goes!

  23. #48
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    QCAT papers were served about 10 days ago. I made it clear in the application that it was about him agreeing to cover my expenses [well before any talk of insurance]
    and that it was a civil debt matter and not an insurance matter.
    Late today receive an email from the insurer saying that their client had forwarded on the documents and asked them to represent him. They also advised that he is fully covered by this type of incident - [that is interesting as the 'incident' the QCAT application is about, is him not paying what he had agreed to].
    As the papers were served on him, I will wait with interest to see if QCAT actually allow him to be represented by the insurers legal advisors.
    Never a dull moment...

  24. #49
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    Damo, suggest read up on the incident in Magnetic Island Golf club, Glen Ollier & Mark Shanahan, if you havent already. No insurance here but a long series of court cases that may well set some precedence for yours. Its certainly set a precedent for golfer liability in Australia as I think is the first serious case bought to the courts. Perhaps start here http://www.golfbusinessaustralia.com.au/blog/who-is-liable-for-injury-the-player-or-the-facility


    Quote Originally Posted by damoocow View Post
    QCAT papers were served about 10 days ago. I made it clear in the application that it was about him agreeing to cover my expenses [well before any talk of insurance]
    and that it was a civil debt matter and not an insurance matter.
    Sounds like you are you saying you dont want the insurer involved? As every golfer in AU has public liability insurance cover, the insurer covers all risk no matter what so by making a claim on muggins you cant choose to exclude the insurer from the proceedings.

    Now if he was a decent bloke, he should be owning up and admitting fault then the insurer would pay up without fuss and costs him nothing, not even pride (the insurer wont care)
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  25. #50
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    Maybe I look at things too simplistically but I would have thought, you get hit on course , he hit the ball , you ask for costs , he goes to club / insurance, you deal with insurance and club . Fault should not be a consideration unless there was some ridiculous happening


 

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