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Minimising Risk – Who owns what?

By Commercial & Business, Article

The old work van had been used in the business for years, as had the office manager, who’d recently retired after a 9-year stint running the place for you. The handover to her replacement looked ok from where you stood.

The new manager proved competent and, after 3 months appeared to have things under control, and you could go back to high level management only. And golf. (And so you should. It’s only taken 20 + years to get all the usual debt under control).

Your apprentice was in his final year at TAFE, and had become a valuable team member. Lately however, you had to speak to him a couple of times about running late. No big deal.

Last Thursday afternoon at golf you get a call from the police. Your apprentice ran a stop signal, colliding with a new 4wd ute towing a power boat. The police confirm no-one was injured, and your wave of panic subsides. You arrange to have the written off van collected from the police station.

Later that day your phone rings again, this time from the other driver. Evidently his ute was a wreck and the boat also a write off. He was unhappy. You apologize, and confirm you’ll get your insurer’s details across to him in the morning.

On Friday morning you ask the office manager to pull up the van’s insurance details. 30 minutes later she walks into your room holding registration papers but has no knowledge of renewing any insurance policy during her time. You call your former manager who ‘can’t recall, sorry’.

The following Monday you receive an email from the ute owner’s insurer confirming both ute ($90,000) and powerboat ($60,000) are written off, and that they’ll be in touch. Panic returns.

On Tuesday morning your lawyer tells you you’re on the firing line, despite your 19-year-old employee being the driver. You explain your business is owned by the family company, which also owns the work premises, unencumbered. Your lawyer tells you the best course is to settle ASAP to avoid more cost.

On Wednesday you meet your bank, and a real estate agent to sell your business premises. You cancel the next 3 months’ orders.

The lesson 

With a little forward planning, exposure to risks like these can be greatly reduced.  Talk to one of our business lawyers so you’re at least informed of what you might be risking every day, so you can decide if it’s worthwhile taking any steps to minimise your exposure to risk.

Getting the back yard in order (literally)

Getting the back yard in order (literally)

By Commercial & Business, Article

Claiming on your Insurance

Mentioning how devastating TC Debbie was is wasting your time, but getting motivated now to re-start is not. Apart from the tangible benefits of getting an insurance claim processed, it’s just good to be pro-active: feeling like the wheels are starting to turn again is the polar opposite of the soul destroying events of the last couple of weeks.

With that in mind, here’s a brief hit list to get you busy:

  1. Make the call now – most insurance policies compel you to make contact just as soon as possible after suffering loss. Contact should be made immediately by phone and followed up by email or letter. When talking to your insurer or your broker, if you’re not sure of the extent of the damage you’ve suffered, let them know that you might need to amend your claim as you make your way through the damage you’ve suffered. At the same time, ask them exactly what steps you need to follow to make a proper claim (eg phone and in writing).
  2. Gather your evidence – charge up the phone and take photos, lots of them, and check with your insurer what you can and cannot toss out;
  3. Mitigate your loss – under your policy, you’re compelled to take all reasonable steps to mitigate or reduce your exposure to loss. For example, toss out all perishables and don’t let them do more damage sitting there rotting away, and keep undercover where possible any valuables you still have. Tie down or arrange to be taken away any loose roofing iron and other building material which may result in injury or more property damage.
  4. Work out your numbers – some insurers will appoint a loss assessor to assess your claim, others will ask for quotes. In the latter case, get busy on your phone and call for some quotes. Just as soon as you can get that information in, get it to your insurer. Keep in mind that exaggerated claims are often doomed to fail (and can possibly be a breach of a condition of your insurance). Our recommendation is to take a realistic and honest approach, and avoid a protracted, costly and emotionally draining dispute.
  5. Get an answer – at this point you should be able to get some clarity from your insurer that you’re covered, and also that they accept (or not) the amount you’re claiming.
  6. Disputes – if the insurer rejects the claim or disputes the amount, then discuss with your broker (or the insurer direct if there is no broker) the next step in the review and dispute resolution process. It’s vital at this stage to ensure that any discussions and meetings you have with your insurer are on a without prejudice basis (this is a fancy legal way of saying that any discussions or meetings that you have are not to affect your legal rights if you do have to proceed to court). It’s more than likely at this point if you are able to reach a settlement with your insurer, that you will be asked to enter into some kind of settlement or release agreement. At this point you should really talk to your lawyer to make sure that what you’ve agreed to is what’s reflected in the document.

There’s nothing easy about this: loss or damage to our home and personal effects has a lasting and overwhelming impact on us all. What’s important is to start taking steps to get back on the road to recovery.

Good luck. Get on to it.

 

PD Law are Open for Business after the Cyclone!

PD Law are Open for Business after the Cyclone!             

By Article, Latest News

Replete with generators, concrete floors and a squadron of pedestal fans, we’re pleased to confirm we opened up for business again on Monday.

This would not have been possible without the fantastic support of some local businesses (in particular Reef Electrical for making lights and computers work, and Cannonvale Marine for locating and supplying those ever elusive generators), and of course the team here at PD Law.

Many of our clients are in the process of buying and selling homes, inubusinesses, and other transactions which may have been affected by the cyclone, and we’re happy to confirm that we’re working hard on protecting your rights. Many contracts have built in mechanisms which can assist in getting things back on track in an orderly fashion, and other transactions have implied rights and obligations, and we’ll ensure that these mechanisms are utilised to assist where possible. We’re also working daily with insurers, brokers, and banks to get matters back on track just as soon as we can.

Regardless of the issue, if you have any urgent legal queries or concerns following the devastating impact of Cyclone Debbie, just give us a call and we can help. Call the PD Law office on 4946 6670 to discuss or book an appointment online at any time, on our website wwww.pdlaw.com.au

 

CEO/Director of PD Law - Mel Cox is nominated for the Whitsunday Women in Business Awards

CEO/Director of PD Law – Mel Cox is nominated for the Whitsunday Women in Business Awards

By Article, Latest News

Hot on the heels of the ALPMA/Telstra Thought Leadership Award, we are pleased to announce that our CEO Mel Cox has been nominated for the Whitsunday Women in Business Awards 2014!

This award will go to the best Woman Business Owner Champion in Airlie Beach and the Islands for 2014 and shows how highly thought of Mel is amongst her colleagues and peers. Winners will be announced at a breakfast hosted by Whitsundays Marketing and Development on 2nd September 2014. We wish Mel all the best of luck.

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