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Loren
Loren, Attorney
Category: Personal Injury Law
Satisfied Customers: 20119
Experience:  30 years experience in personal injury law.
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I own a hotel in Jacksonville Florida. Last week, a customer

Customer Question

I own a hotel in Jacksonville Florida. Last week, a customer filed a claim against me using a law firm/franchise that specializes in these types of claims. He claimed there was an "accident" and I have not been provided any specific details. I know for a fact that this guest was causing a disturbance at night (had several noisy prostitutes in the room) so my front desk manager basically called the police to escort him off the property. A refund was not given because we had asked him several times to keep the noise and disturbance level down. There was no issue with him leaving, so I was very surprised to hear about an "accident". There was no accident, basically. So whatever he is saying, it is 100% a lie.

Of course, the guy making this claim is exactly what you think he is. African American male 30 years old, multiple felon, assault, child battery, tampering evidence and cannabis charges. He served at least 2 years for assault I think, he has filed claims before in the past against Meineke that I know of, claims that get denied. He lives in a house paid for Habitat for Humanity or whatever. Basically, you know the score and what he is.

My questions are:

Can someone file a claim without an accident even occuring? Can someone get a settlement based on this situation? I really do not want my insurance giving him or his lawyer anything, since this is basically a retaliation type lawsuit. If he claims a fall, there is no video that would show it. Our video is on a 72 hour loop so there is nothing to see.

How should I proceed? I wanted to ignore this, but I guess I should submit it to my insurance?

What should I say to my insurance company? There is no video footage to speak of. I am sure they probably have a prostitute or crackhead "witness", with multiple felonies too.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but hope that I can provide information which is useful for you.

It is the burden of the plaintiff to prove their claim. if they can not then they will not be able to collect. You should forward the claim to your insurance carrier. It is their job to evaluate the claim and determine whether there is enough evidence to make the claim or if it is necessary to obtain more evidence.

It is what you pay premiums for and insurance companies are pretty good at evaluating these exact sort of nonsense claims.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

If you feel the need to provide a low rating, please stop and reply to me via the REPLY button with whatever issue or clarification you may need. I will happily answer your follow-up questions and assist you until I am able to explain the answer to your satisfaction. Please also remember that I cannot control whether the law is favorable to your situation, so please do not penalize me for having to deliver bad news.

Thank you.

JudgeLaw
Customer: replied 1 year ago.

I want to ignore this because I do not want my insurance rate to go up. Since the claim is a 100% lie, can they actually sue me in a court? Does the court require some proof of an accident, other than what he just said?

Expert:  Loren replied 1 year ago.
Thank you, XXXXX XXXXX the follow up question.

Do not ignore this. Regardless of the veracity of the claim, anyone can file suit in court and, yes, they would have to prove their claim. However, unless you have legal training, you have no ability to properly defend yourself, as you would be held to the same standard as an attorney. Failure to notify the insurance company of a claim could be a violation of the terms of the policy and be a basis to deny the claim should you be sued.

Additionally, one claim should not materially affect your premiums. Especially if it is unfounded.

Thank you.

JudgeLaw
Loren, Attorney
Satisfied Customers: 20119
Experience: 30 years experience in personal injury law.
Loren and 5 other Personal Injury Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you, JaiPaul, for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/

Best wishes and good luck to you.


If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

Customer: replied 1 year ago.

ok no problem

Expert:  Loren replied 1 year ago.
It is much appreciated.

Thank you again.

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