I have been severely impacted by a document produced for me that was not fit for purpose and resulted in me incurring ~

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Customer: Hi there, I have been severely impacted by a document produced for me that was not fit for purpose and resulted in me incurring ~ $3000 cost not including loss of income and the trauma it caused. I wonder if someone can help to identify whether this is something I can pursue because my insurance have rejected my claim
JA: Hi. What state are you in? It matters because laws vary by location.
Customer: I'm a NZ citizen, Northland is where I'm from
JA: What steps have you taken so far?
Customer: - Tried my travel insurance since the issue arose - claim rejected and with senior advisor now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: - tried the organisation who produced the document that is in question. They offered me roughly half the cost and redirected the blame to me even though it is a document I am not permitted to alter
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer with more than 42 years of experience. I am here to help with your questions.

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Chris The Lawyer, Expert

was this a travel insurance policy? What sort of document was this?

Customer
Hi Chris, this was a COVID-19 PCR test that needed to be appropriately filled out by the medical professionals to allow me to travel
Customer
My insurance say that this is not their problem and that the fault lies with the professionals who provided the document not fit for purpose
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Chris The Lawyer, Expert

Did the people who filled out the documents make mistakes?

Customer
the document was rejected by immigration
Customer
in Japan
Customer
Resulting in me being rejected entry and redirected to be detained at Changi Airport
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Chris The Lawyer, Expert

Were these mistakes obvious? You could bring a claim against the medical professionals for negligence and bring a claim in the disputes tribunal for the additional costs and other expenses

Customer
This is the area I am not sure. Some of the most important information on the form was not included. Including the date and time that the Laboratory received the results. You can get a PCR test done 72 hours before departing therefore the date and time is critical
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Chris The Lawyer, Expert

Has the place which prepared the document accepted any responsibility for not completing those items such as the date and time? That appears obvious to me – any test like this would need to have a date and time

Customer
The medical professionals involved have sort advice and offered me half of my costs. Redirecting part of the blame to the airline who shouldve picked it up and not let me board (which is true to some degree)
Customer
Also, telling me I should've checked which I did check and told the doctor at the time that it looks different to the sample document. His response was that the form has all of the information it needs. The problem with this is that it's all he said she said now so I haven't responded to the 50% offer
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Chris The Lawyer, Expert

If you were told that the form has all the information it needs, but that was incorrect, then they are liable. You could bring a claim in the tribunal against them and also against the airline if you wish

Customer
I was told the form has the right tests but again this is just spoken. Yes, I'm wondering if I except the 50% offer and then try and recoup the remaining costs from the airline but what happens if I get paid out by both? How does that work?
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Chris The Lawyer, Expert

You cannot of course claim losses from both, but they should each contribute to your losses. My opinion is that the medical professionals are primarily at fault, and the airline should not be expected to know how to fill out the form

Customer
Understood, that makes sense. It is hard to navigate two seperate entities to share costs and responsibility. They will most likely look to shift full responsibility onto each other and this will go on forever. How long does it usually take for small claims to be processed and can I claim all the time I've wasted being detained and working through this process?
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Chris The Lawyer, Expert

Usually it takes 2-3 months. You can ask for lost earnings

Customer
Ok so I really have a difficult choice to make. Loss of earnings is difficult because I'm building an online company. I suppose for me it is frustrating that noone wants to assume responsibility for something that is an obvious mistake and out of my control. From the information you have do you think it is worth going to the claims tribunal and rejecting the 50% offer
Customer
Or accepting the offer and trying to redeem the last losses from the airline?
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Chris The Lawyer, Expert

You could accept the 50% and claim against the airline for not checking

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Chris The Lawyer, Expert

Then even if you do not win, you have recovered something

Customer
Ok, I'll have a think about it and do what I can with what I know. Thanks Chris
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Chris The Lawyer, Expert

Ok

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