hello
I have recently received a solicitiors letter alleging that a person suffered an injury, whilst posting an unsolicited/unwanted/not paid for magazine through my letterbox. I have contacted my insurance company who inform me that domestic legal protection is not operative on my policy. I have property owners liability, why does this not cover such an instance ? Any other likely options ?
thanks
I was a Postman for a short while in 1973 and we were always instructed NEVER to put your fingers inside a letter box as it could be construed as trespass.
So if the injury was caused by inserting the finger(s) through the letter box opening try mentioning the view taken by the Post Office.
All well and good, Wak - but how could it be proved?
Apart from that, the existence of a letterbox indicates the willingness to accept letters, so unless there is a sign to the contrary, how can it be trespass?
How odd - Property Owners Liability is usually covered free on Buildings insurance; Public Liability cover is usually included as a free extra with Contents insurance and should provide cover if you are legally liable even if it was your dog that caused the injury - unless of course it is one of those breeds deemed "dangerous" or your policy specifically excludes them. If you have Contents insurance have you approached the insurer
Point taken, hc4361, but teeth marks on the fingers (if it was a dog bite?) would prove that the fingers had been through the aperture.
Also a letter/newspaper can be pushed through the letter box without the hand following it, and, according to the GPO in 1973, if the hand did follow it then you are physically entering their space or property without permission.
However, laws, rules and times change so maybe this is one that the courts can argue over if it ever gets that far.
Your property owners liability covers you for any damages that would be paid out to anyone with a valid claim against you.
Legal protection pays for the legal costs in fighting any claim. Without it you need to pay yourself but if you win then the other side will in all likelihood have to pay your legal costs as well.
Take the details along to a solicitor (who'll give the first hour free) for advice on how to proceed or visit your local Citizen's Advice Bureau.
Thankyou for all your responses, sorry for the delay in getting back to you but I have been on holiday. I used to have a dog (hence my username) but not now. I am covered by my insurance & it would seem that the alleged victim is a client of an " ambulance chaser" delivering unsolicited mail. I will let it run.