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Old 06-15-2015, 09:57 AM   #41
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I respect your opinions, but offer these comments:Again, that's courtroom business. The object at the scene is to get people to talk. Inadmissible statements can be determined after the fact.

I've attended hundreds of TA depositions and trials over a 40-year career. These matters are messy. Cops are trained in many areas, as a rule they are not lawyers. Lawyers themselves often ask for opinion, speculation and conjecture, ergo, objections as to questions calling for opinion, speculation and conjecture!
Sir, I must defer to your years of experience, and your comments make sense. But at the same time, as a lay person (when it comes to accident investigation) I am still bothered by non-verified opinion information being included as "evidence" and used as such against a person who did nothing wrong.

I definitely think there is much to learn here.
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Old 06-15-2015, 11:20 AM   #42
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Sir, I must defer to your years of experience, and your comments make sense. But at the same time, as a lay person (when it comes to accident investigation) I am still bothered by non-verified opinion information being included as "evidence" and used as such against a person who did nothing wrong.

I definitely think there is much to learn here.
That is reasonable, but it's not relevant evidence until it's admitted into evidence by the court. But I understand your concern.
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Old 06-15-2015, 01:31 PM   #43
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That is reasonable, but it's not relevant evidence until it's admitted into evidence by the court. But I understand your concern.
So, then to expand: What do we do? In this specific example, the insurance covered the accident, all parties were made whole, everything is well (as well as it can be anyway, it was still a horrific event).

What do we do if a person's off-handed comments cause the insurance company to deny coverage? Are we left only to fight it out in court? It seems like this is a reasonable possibility given that it seems at every turn, insurance companies are looking for any reason to deny a claim. And I'm sure I'm like a lot of others here in that I don't have the funds to hire an attorney; in my case it might be cheaper just to replace everything out of pocket!

This is a real question, I'm not intending to be sarcastic at all. I am genuinely asking what we should do? I'm fortunate enough to have never been involved in something so serious, but some day it could happen to me, and I'd like to cover my six as well as I can.
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Old 06-15-2015, 01:54 PM   #44
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...snip...This is a real question, I'm not intending to be sarcastic at all. I am genuinely asking what we should do? I'm fortunate enough to have never been involved in something so serious, but some day it could happen to me, and I'd like to cover my six as well as I can.
In NY we have something known as Comparative Negligence (aka No-Fault) insurance.

It works in the Real World because everyone is required to have coverage and NONE of the insurance companies want to pay. So every claim is paid as a result of a settlement between competing companies.

If my property (car) is damaged (doesn't matter by whom), I get it fixed under my collision coverage as soon as practical. When the dust (negotiations) settle, I get back a portion of my deductible equal to the portion that the other person (people) caused the loss.

Police reports, witness statements, my claim, the other peoples' claims are all considered before the money changes hands between the insurance carriers.

Bottom line, carry enough insurance to cover any loss you might have. And be as careful as practical. Then take pictures.
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Old 06-15-2015, 05:16 PM   #45
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This goes directly to what I've always said when folks have asked whether their 1/2-ton truck can pull a 30' trailer. Yes it can, but you shouldn't. Pulling and safely handling in an emergency are two different things. Not only are you gambling with the lives of your loved ones and those of others on the road, but their could be legal implications as well. And as for insurance - well, wiggling out of paying when you need it the most is what insurance companies do best. If they think you were negligent, they can refuse to pay. I'm not shaking my finger at anyone, but merely offering food for thought. I know I didn't feel safe pulling my 30' Outback with my 1/2-ton Suburban, so I made the trade to my current 3/4-ton crew cab. The difference in handling was like night and day!
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Old 06-15-2015, 07:56 PM   #46
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Scoutr2, I understand your comment here, however, I am quite comfortable pulling my 31' trailer with a 1/2 ton PU, with the weights as posted earlier in this thread.

A good insurance company such as State Farm, with which I have had coverage for over 50 years, is going to pay their claims, regardless of fault.

As I said in that post I believe in the 80% rule and I tow right at 80% of my GCVWR.
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Old 06-15-2015, 08:45 PM   #47
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So, then to expand: What do we do? In my experience in the small matters there's not a lot we can do. In this specific example, the insurance covered the accident, all parties were made whole, everything is well (as well as it can be anyway, it was still a horrific event).

What do we do if a person's off-handed comments cause the insurance company to deny coverage?The insurance companies alway look to minimize their losses, but "off-hand" comments are not likely to be relied on by the company unless the comment appears factual. I'm no expert on insurance investigators, but I wouldn't expect them to be vindictive towards a claimant. Are we left only to fight it out in court?Yes, if you can't settle. It seems like this is a reasonable possibility given that it seems at every turn, insurance companies are looking for any reason to deny a claim. And I'm sure I'm like a lot of others here in that I don't have the funds to hire an attorneyIf substantial personal injury is involved there are approximately (approximate because the number climbs with every law school graduation), approximately 3.7 billion unemployed lawyers who will take the case on contingency. ; in my case it might be cheaper just to replace everything out of pocket!That's sometimes the case. I did just that recently. It was cheaper for me to fix my car on my dime rather than absorb the deductible and then watch my rates increase for years.

This is a real question, I'm not intending to be sarcastic at all. I am genuinely asking what we should do? I'm fortunate enough to have never been involved in something so serious, but some day it could happen to me, and I'd like to cover my six as well as I can.With luck and caution you will go through life getting nothing back in return for your premiums.
Keep in mind life ain't always fair!
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Old 06-16-2015, 12:43 PM   #48
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An interesting item. Way back when I was working insurance was not allowed to even be mentioned, even though it was often as not the reason the matter ended up in trial. There was good reason for that, though.
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