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  1. #81
    Forum Regular สมาชิกประจำ vanbobble's Avatar
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    Without having read this thread.. I would say if she had jumped in perhaps the outcome would have been different, but when diving in I think a care of duty is required here. It could be taken to court I guess and a judge could decide.

    I say this as I nearly done the same thing in Tenerife once, luckily I only ended up with stiches on the top of my head. It was a truly stupid thing to do - the first thing which came to mind when I stopped seeing stars was - why didn't I check there was no wide lip under the water before diving in?

  2. #82
    Veteran ผู้มีประสบการณ์ N Barton's Avatar
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    I reversed out of a parking bay into someone in B&Q Car Park just before Christmas, my insurance company paid out, minus the excess.
    I suffered over the last couple of weeks with a bad neck, maybe as a result of the sudden jolt when I hit the other car. Wonder if I can put in a whiplash claim ???
    We'll never win the Premier League,
    We'll never win a Cup,
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  3. #83

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    Wonder if I can put in a whiplash claim ???
    Possibly if a Doctor could show the insurer you'd suffered injury. If you'd been paralysed and needing immediate life saving treatment, like Sophie, you'd most likely not have to rely on friends and family to start a Go fund me page.
    The clock on the wall reads a quarter past midnight

  4. #84

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    Quote Originally Posted by N Barton View Post
    But none of us have seen the CCTV coverage on which the decision was based
    And most CCTV camera can see things that the human eye cannot. They use infrared.

  5. #85
    Veteran ผู้มีประสบการณ์ N Barton's Avatar
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    Quote Originally Posted by marshall View Post
    Possibly if a Doctor could show the insurer you'd suffered injury.
    In a fault accident, where you are to blame, there is very little chance of your insurance covering any injury caused to yourself.
    We'll never win the Premier League,
    We'll never win a Cup,
    We'll still follow UNITED !!

  6. #86
    Forum Dinosaur ไดโนเสาร์ Flip's Avatar
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    Quote Originally Posted by N Barton View Post
    In a fault accident, where you are to blame, there is very little chance of your insurance covering any injury caused to yourself.
    That's a new one on me - are you sure on that? I read both my motorbike an car policies today and didn't see anything to that end.

  7. #87
    Moderator Tobias's Avatar
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    Don’t be sidetracked by car insurance, car insurance primarily covers third party liabilities whereas travel insureance covers the policyholder for personal liabilities.
    Tobias - โทเบียส

  8. #88
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    'I don't see the relevance of the pool being closed here. Let's suppose it was daytime and the pool was open, would the accident not have happened then? The girl had an accident and no amount of lifeguards would have changed that. I wonder what the insurance company's view would be if this incident had taken place during the pool's normal opening hours - no different I suspect.'

    The relevance of anything being closed is that you don't go in it unless you are being reckless!!! By all means have fun, be young etc...etc...but you're ignoring the rules. Take responsibility for your actions.
    She dived in head first at night, not daytime. She did so on the basis that others were doing so.

    Would it be different if it were daytime and she dived into a pool that was open and ideally in the section that allows for diving? Of course!!! Why would it be different? If it were daytime she'd no doubt see the depth of the pool clearer, possibly see the sign and so yes it would be different.

    Since the age of God knows what, I have known to be very careful around a pool. Don't run, don't dive in unless you're certain its safe, don't jump in if others are swimming nearby....the list goes on and on. In a country that teaches kids to swim from an early age this stuff is second nature, same as crossing the road.


    Yes, it was a tragic accident but it was caused by a young person acting recklessly.

  9. #89
    Forum Regular สมาชิกประจำ
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    I have lounged around many a pool in Thailand and other countries, yet most have had signs stating diving was prohibited. There are quite a few that I know that you wouldn't need to see a sign to know the pool was a combination of too small, had obstructions and was to shallow to safely dive into.

    We went to Florida in December 2010 and stayed at Liki Tiki Resort, a huge pool with slides on a 1.5 acre site for adults and children to enjoy. Could I or any other tourist dive into the pool, no, if you did, a whistle was blown and you were reminded of the pool policy. The pool sign's clearly stated, no diving, didn't stop me from having a blast with the kids though
    .
    I have dived into pools before and I have went swimming in the evening before but never in a pool that I hadn’t familiarised myself with before hand.

    If I was to dive into a pool that I hadn’t made myself aware with, I am pretty sure I would not be successful in making a compensation claim. The question is, would I then be successful in an insurance claim?

    I have read the articles regarding two Paralympics who both lost their compensation claims for their injuries sustained diving in to a pool.

    "The danger of diving into even a swimming pool of uncertain depth, let alone a paddling pool is obvious to any adult and indeed to most children old enough to have learned to dive."

  10. #90

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    Quote Originally Posted by Greg / Pairin View Post
    We went to Florida in December 2010 and stayed at Liki Tiki Resort, a huge pool with slides on a 1.5 acre site for adults and children to enjoy. Could I or any other tourist dive into the pool, no, if you did, a whistle was blown and you were reminded of the pool policy. The pool sign's clearly stated, no diving, didn't stop me from having a blast with the kids though
    Quote Originally Posted by Barnet View Post
    'I don't see the relevance of the pool being closed here. Let's suppose it was daytime and the pool was open, would the accident not have happened then? The girl had an accident and no amount of lifeguards would have changed that.
    If a pool is accessible (not closed off) someone should be around to 'blow a whistle', to make it abundantly clear it is dangerous to dive, keeping guard as pool areas can be very dangerous places, those owning a public pool especially have a duty to care.
    The girl (Sophie) was copying others so in this case if someone had blown a whistle or shouted 'Stop' presumably only the first few would've been at risk, Sophie wouldn't have followed.
    This was my point in an earlier post.
    The clock on the wall reads a quarter past midnight

  11. #91
    Forum Regular สมาชิกประจำ Big AL's Avatar
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    The difficulty with this discussion is that we simply don't know the facts. Disputes about claims like this, that are rejected, are routinely dealt with by the complaint scheme. Their terms of reference include not just the legal position, but what is fair and reasonable and also what is good insurance practice. Some complaints are upheld, some are not, depending on all the facts. Difficult decisions have to be made. Insure and Go cannot reveal the facts that they have for reasons of confidentiality, GDPR etc

    The Financial Conduct Authority can make firms stop using unfair contract terms and if a firm's approach is unreasonable, a complaint is likely to be upheld.

    The Financial Conduct Authority could make firms cover things like claims for injuries suffered falling when jumping between balconies. However, this would mean that people had to pay more for the claims of people who do that sort of thing. The cost of repatriation can be massive and the cost of anything involving the USA horrendous. Covering things like injuries to balcony jumpers would also mean that more people would go without insurance because of the increased cost.

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