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#21
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Dylan Smith wrote:
Hm. Now assuming that the car driver gets landed with the bill, and lets suppose the bill is $1M, and lets also (probably reasonably) suppose that the driver or his family have no way to pay that bill, how does the Lear owner recover the money? Is the driver now (assuming a typical middle class income future) essentially indebted for life? Or would they just declare bankruptcy? This being New Jersey, the car is insured. That's the first recourse for the Lear owner. The plane is also insured, and that would be the second recourse. Between the two, the Lear owner will get his money. If the cost is covered by the car owner's insurance, that's that. If not, the aircraft insurance company will usually go after the car owner. If that's the 18-year-old and she loses the case, she has two basic choices. She can pay the remaining damages, possibly on an installment plan, or she can declare bankruptcy. The case procedure is a three-step one. First, she is given the opportunity to pay the bill. If she declines, the insurance company's attorney and her attorney meet with an arbitrator, who decides fault and penalty. Assuming she's found at fault, she's again given an opportunity to pay the bill. If she declines again, the case goes into civil court. If the car belongs to her father, I think the aircraft insurance company can sue both the driver and the owner, but I'm not sure about that. The typical property damage limit on liability for car insurance policies in New Jersey is $50,000. Some people opt for as much as $100,000. Given the latter option and your stipulation of damages of $1 million, the car owner would be looking at a bill for $900,000. The car insurance premium increases and NJ "at fault accident" surcharges are trivial nuisances by comparison. George Patterson Coffee is only a way of stealing time that should by rights belong to your slightly older self. |
#22
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Dylan Smith wrote:
On 2006-01-14, Robert M. Gary wrote: I think it depends if she's still a dependant. If she's living at home dad might be in trouble. Hm. Now assuming that the car driver gets landed with the bill, and lets suppose the bill is $1M, and lets also (probably reasonably) suppose that the driver or his family have no way to pay that bill, how does the Lear owner recover the money? Against his own hull policy. Let's say I drive my car into your house, the car catches fire, and the house is destroyed. I'm an easy target; between my primary auto policy and my umbrella, I carry $3 million in liability coverage. You call your insurance company, they drag my company in, and my policy pays off. But, what if some 19 year old kid carrying the legal minimum ($50k, I think, in New York) does the same thing? You file a claim against your homeowner's policy. The insurance company may then turn around and sue the kid to recover what they can (you can't get blood out of a stone), but at that point, it's their problem, not yours. |
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