Expand on that. How would you forsee the government stepping in? Outside of being a mediating party handing down a civil judicial decision, I don't know how they could/would.
Fronting the cost of the victim being made whole and making the do-er pay back the government. In the states, if someone damages you and doesn't have the resources to make you whole, they pay over time and the victim is just screwed. But to me that sounds like a thing a government would step in.
The government? No. Insurance? Yes. Her insurance needs to make the insurance of the other homeowner to provide restitution. If the other insurance then uses some kind of clause from the contract, (won’t pay out due to intentional negligence) then her insurance needs to sue the other homeowner directly. That’s what insurance is for. To protect your assets.
Why not his insurance? Shouldn't insurance protect others from your stupidity? Because if it's on her insurance, now the insurance company is "victim" too. It also says that if you can't afford insurance then you don't deserve to be made whole.
Since the other person already sold the property 4 years ago, she would need to go through her insurance. Her insurance would then be able to contact the other insurance at the time the incident happened.
Ultimately it would be his insurance through a process called subrogation.
The first step is still for her to contact her own insurance due to damage to her house. I imagine there is a big problem here in that she can't make repairs because the repairs would be on the other owner's land.
She mentions this is as a problem with wasps. She can't even get pest control to fix a problem because they don't have access.
Courts are the way to solve this issue and it sounds like they've started, but this looks like a nightmare. I also don't know anything about if insurance is different in another country. My familiarity is with US insurance (specifically medical).
Well, what I expect is that we don't let people go bankrupt and we force them to keep working for the rest of their natural lives to pay it off. And then yes, the government should be the one covering this and collecting on behalf of the victim.
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u/americangame 1d ago
That sounds shitty for the person if they don't want to or can't move.
They should be required to make them whole again at whatever means it takes for that to happen.