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#21
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Morgans wrote:
"Dallas" wrote in message ... On Sun, 13 May 2007 12:40:00 GMT, B A R R Y wrote: I agree that this is someone who deserves to be made whole. I would think his homeowner's insurance would cover the damage and his insurance carrier would sue Lidle's estate to get their money back. The fact that he mentions "he was emotionally injured by the crash" leads me to believe that he's trying to cash in on the accident. So you don't think that he is due any "pain in the ass that this happen to me" money? I do. I do as long as you're willing to sell off some of your "I'm a decent human being" Everything is for sale, right? Any man who gives away the smallest measure of decency for any measure of money deserves neither decency nor money. |
#22
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So you don't think that he is due any "pain in the ass that this happen to me" money?
I do. I do as long as you're willing to sell off some of your "I'm a decent human being" Everything is for sale, right? There's a difference between "...this happens to me" and "you made this happen to me". Jose -- Quantum Mechanics is like this: God =does= play dice with the universe, except there's no God, and there's no dice. And maybe there's no universe. for Email, make the obvious change in the address. |
#23
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On May 15, 9:16 am, "Allen" wrote:
"chris" wrote in message oups.com... On May 14, 2:10 pm, Ron Natalie wrote: chris wrote: \ Isn't that what the apartment owner's insurance is for??? I mean, if the crash was deliberate I could sort of understand it, but it was an accident, after all.. No, it's what Lidle's liability insurance is for. Why should the homeowner's insurance be resonsible? OK, so it's somebody's insurance. That is what I was meaning - insurance paying out rather than suing someone.. I mean, you gotta realise that every time people overseas like myself hear Americans talk about suing someone it just reinforces our opinion of your country?? From how it sounds to us, you gotta be afraid to walk down the street in the USA lest someone sue your ass for something :-) Our neighbours to the south do not seem to be afraid of this. That's why we have insurance and ACC (Accident Compensation) where you are barred from suing someone for your accident and in return the Goverment pays you compensation for your accident.. OK dokey, even better than welfare! Our ACC is paid for, among other things, by car and motorbike annual registration. Which means most of what you pay when you register your car is ACC, and the sort of people who don't register their cars are also the sort of people who drive drunk, crash into to you, and cost ACC a lot of money!!! We also have a welfare state, unfortunately. Various attempts to force people to look for work to justify their benefit have failed, nobody wants to be mean to those poor unfortunate people on the benefit, so you get generations of people who don't think about looking for work, much easier to just sit there and claim the benefit. Oh, and you can tell when you drive around the country, the poorer towns and suburbs have way more satellite TV dishes than the rest of us!!!! Guess who is paying for those!!! P.S. Yes, I have been unemployed, but I got off my fat ass and found work!!! |
#24
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On May 15, 9:26 am, "Gig 601XL Builder" wrDOTgiaconaATsuddenlink.net
wrote: chris wrote: That's why we have insurance and ACC (Accident Compensation) where you are barred from suing someone for your accident and in return the Goverment pays you compensation for your accident.. If the government is in charge of it, it just means everyone is getting screwed. At least we're getting screwed evenly :-) |
#25
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The first entity responsible is the homeowner's insurance. This insurance
is the product of a contract which existed between the renter and the insurer, perhaps mandated by the terms of the renter's lease. If the insurer pays the renter for damages which were caused by one or more other entities, the insurer has a right of subrogation against the responsible party or parties. The difference is that there is no "fault" which needs to be shown in the insurer's payment to the renter, whereas the insurer must prove fault on the part of the other parties before it is entitled to recover. A similar thing happens with auto accidents. An insured's collison pay for his damages without regard to the insured's fault. Payments between companies are governed by intercompany arbitration agreements which assess fault between different insureds involved in a collision, and the process is almost invisible to the insured. In the event that the insured is determined not to be at fault, he is reimbursed his deductible. Isn't that what the apartment owner's insurance is for??? I mean, if the crash was deliberate I could sort of understand it, but it was an accident, after all.. No, it's what Lidle's liability insurance is for. Why should the homeowner's insurance be resonsible? |
#26
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LWG wrote:
The first entity responsible is the homeowner's insurance. That may be a possible entity, but there is no legal requirement to hit them up first. A similar thing happens with auto accidents. An insured's collison pay for his damages without regard to the insured's fault. Payments between companies are governed by intercompany arbitration agreements which assess fault between different insureds involved in a collision, and the process is almost invisible to the insured. In the event that the insured is determined not to be at fault, he is reimbursed his deductible. There's no requirement that you file a claim with your own policy first in most states (barring no-fault states). I am perfectly allowed to go pursue the at-fault party without involving my insurance company here in Virginia. My insurance company even tells me this when I file the report. Frankly, I always let them do it. It's what I pay them for, and if they can't collect I'm still eligible to pursue it (the only downside is if they settle for less than what I wanted, but that's never heappened). |
#27
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Of course that's true. But if you are talking about property damage only,
most people would rather collect their damages than their damages minus one-third, forty percent, or whatever your or your lawyer's time is worth. That may be a possible entity, but there is no legal requirement to hit them up first. A similar thing happens with auto accidents. An insured's collison pay for his damages without regard to the insured's fault. Payments between companies are governed by intercompany arbitration agreements which assess fault between different insureds involved in a collision, and the process is almost invisible to the insured. In the event that the insured is determined not to be at fault, he is reimbursed his deductible. There's no requirement that you file a claim with your own policy first in most states (barring no-fault states). I am perfectly allowed to go pursue the at-fault party without involving my insurance company here in Virginia. My insurance company even tells me this when I file the report. Frankly, I always let them do it. It's what I pay them for, and if they can't collect I'm still eligible to pursue it (the only downside is if they settle for less than what I wanted, but that's never heappened). |
#28
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On May 17, 12:23 am, Ron Natalie wrote:
LWG wrote: The first entity responsible is the homeowner's insurance. That may be a possible entity, but there is no legal requirement to hit them up first. A similar thing happens with auto accidents. An insured's collison pay for his damages without regard to the insured's fault. Payments between companies are governed by intercompany arbitration agreements which assess fault between different insureds involved in a collision, and the process is almost invisible to the insured. In the event that the insured is determined not to be at fault, he is reimbursed his deductible. There's no requirement that you file a claim with your own policy first in most states (barring no-fault states). I am perfectly allowed to go pursue the at-fault party without involving my insurance company here in Virginia. My insurance company even tells me this when I file the report. Frankly, I always let them do it. It's what I pay them for, and if they can't collect I'm still eligible to pursue it (the only downside is if they settle for less than what I wanted, but that's never heappened). See, now to me that sounds a bit bizarre, bearing in mind I am used to things working quite differently, and I do live a long way from you) For car accidents here, each party has to claim from his/her insurance and the insurance companies sort it out with each other. Although, in this country, because there is no requirement for you to have car insurance of any kind, there are plenty of uninsured people running around, and if one of the hits me, I will still claim off my insurance, but the insurance company will take the uninsured person to court to recover their costs. Which would probably be repaid $5 a week if they're poor.. Which is why, if you are broke but not stupid, you will have 3rd party insurance. However, if your car is not registered or has no WOF (Warrant of Fitness - 6 monthly inspection), they will probably get nasty with you if you stack into someone |
#29
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The process is in fact quite similar to what you describe. What is lacking
in this discussion is common sense. Of course you can sue an adverse driver for your property damage, and you don't have to make a claim against your collision coverage. But why would you pay a lawyer a hundred or more dollars per hour to do something your insurer is already obligated to do? You may have a "choice" to collect $100 or $1000, but most people wouldn't have to think long about which one they would take. So, no, here you don't have to make a claim against your collision coverage, but you're nuts not to (assuming you are not at fault, because then the concept of chargeable occurrence comes into play). And yes, intercompany arbitration settles between the companies who are signatory to the agreement. Remember that in the case of personal injury, the process is different (although the insurers may still be under a legal obligation to resolve property damage claims promptly, despite the pendency of a personal injury claim). Or, if you are involved in a collision with a self-insured vehicle, that company may not be a signatory to the intercompany arbitration agreement and you may have no option but to file suit. Or, you may not have collision coverage on your vehicle. The first entity responsible is the homeowner's insurance. There's no requirement that you file a claim with your own policy first in most states (barring no-fault states). I am perfectly allowed to go pursue the at-fault party without involving my insurance company here in Virginia. My insurance company even tells me this when I file the report. Frankly, I always let them do it. It's what I pay them for, and if they can't collect I'm still eligible to pursue it (the only downside is if they settle for less than what I wanted, but that's never heappened). See, now to me that sounds a bit bizarre, bearing in mind I am used to things working quite differently, and I do live a long way from you) For car accidents here, each party has to claim from his/her insurance and the insurance companies sort it out with each other. Although, in this country, because there is no requirement for you to have car insurance of any kind, there are plenty of uninsured people running around, and if one of the hits me, I will still claim off my insurance, but the insurance company will take the uninsured person to court to recover their costs. Which would probably be repaid $5 a week if they're poor.. Which is why, if you are broke but not stupid, you will have 3rd party insurance. However, if your car is not registered or has no WOF (Warrant of Fitness - 6 monthly inspection), they will probably get nasty with you if you stack into someone |
#30
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On Mon, 14 May 2007 14:31:47 -0400, "Roger (K8RI)"
wrote: Some years back, a couple I know quite well had decided to call it quits. Neither was thrilled, but it was working out. Then some one told them they needed to have lawyers involved. From there it went down hill in a hurry and turned from at least a sort of amicable split to...well... a real fight. Of course the lawyers ended up with about a third of the settlement and they ended up with a lot of hard feelings. http://grumman581.googlepages.com/la...oblem-solution |
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