January 17, 2006

SHAKEDOWN STREET

My elder daughter was in an horrific accident one year ago this February 13th. I posted pix of the mayhem. Her SUV rolled twicet, yada yada. She would have been killed in a lesser vehicle.

Anyhow, the driver and his passenger wife of the vehicle that hit her were very cool, very sweet. Wanted to know how she was at the accident scene, then they called her and sent her letters, wanted to make sure she was okay. Very upstate.

Now, a year later, he is suing for $110,000. Claims the accident aggravated an injury he sustained in 1984. That's cool. I'm down with milking an insurance company, I guess. And the fact that I'm only insured up to $100k scares me not. $10k exposure? Bring it on.

No, I was merely interested in how my insurance company responded. Their attorney offered them $4 thousand to fuck off and die.

I love my insurance company now. They have balls of steel. We shall play this little play out, but my feeling is my company won't cave. My adjuster called me, and from 500 miles away I could smell the brimstone burning in his loins. He wants these fuckers. Nasty smell, BTW.

We shall see what happens. I'm thinking a whole lot of nothing. Although I did turn my neck severely when I saw my daughter's car upside down, and now I have pains. Perhaps I should be recompensed.

Posted by Velociman at January 17, 2006 9:25 PM
Comments

I did insurance defense for the first few years outta law school. Yep, gets the old engine runnin'.

Sic 'em, boys!

; )

Posted by: Chrissy at January 17, 2006 9:41 PM

My father sold insurance and he told me that most of the time, the hitter is responsible, even if the hittee pulls in front of him. So, if they hit your daughter, they're at a disadvantage from the gitgo.

Posted by: Denny at January 17, 2006 10:45 PM

Do the american way, sue back.

Posted by: Catfish at January 17, 2006 11:08 PM

Sometimes Cat types so much like Ron White talks, it ain't funny... but it is. Hell yeah, "Sue 'em back."

Shit Vman, just tell 'em you damned near self decapitated when you pulled your head out of your ass to go see what just happened that it like to killed you, not to mention your daughter... That'll work.

If that doesn't, just show 'em the plans for the grille you intend to purchase once you settle the matter and the tuition to send VelociPrincess off to the Rhode Scholar school she deserves.

I'd imagine that'd put the fear of Got into any ol' fart. Writin' it damned near scared me to death...

PS: My daughter was in an accident a couple months ago. I ain't makin' light of it, just havin' some fun with your current situation... Nobody wants a luved one to be in that situation.

Posted by: RedNeck at January 18, 2006 12:26 AM

Cat may have a point.

On the $10K exposure: I suspect that Florida may have a doctrind something like New Jersey, which states that, if the plaintiff offers to settle within the policy limits and your carrier refuses, the carrier is on the hook for the entire amount.

Posted by: Jim - PRS at January 18, 2006 12:27 AM

But why settle early in this case? Nothing much to lose. Plus a successful countersuit would be sweet justice for this kind of bullshittery. Sic 'em!

Posted by: Desert Cat at January 18, 2006 1:52 AM

They'll likely haggle and eventually settle out of court. Believe me, Mr. I-have-a-new-pain-in-my-ass will be urged by his own council to settle out of court. Right now both sides are just posturing and jostling for position. I'm not a lawyer, but I've sat throught too many arbitrations to think differently. Unless there was obvious malice or gross imcompetence which led to the accident, or the other party is permanently maimed or completely disabled they'll settle without ever seeing a jury. Don't be surprised if it takes a couple years though, too.

What's interesting is that they're asking for 110K. They know full well your insurance limit is only 100K. That's another ploy designed to make it seem more serious than it is.

Posted by: Oyster at January 18, 2006 10:06 AM

Find out where they live, and kill them. I'm tired of this shit. Leave them impaled in the front yard as a warning to all the other dipshits.

Posted by: Bane at January 18, 2006 12:47 PM

A little less serious but...

I rear ended a guy that didn't speak English. No damage to either vehicle. Actually had a policeman drive by and ask if everything was all right who told us to trade insurance info and that there was no need for an accident-report. That no good fuck-nut went and got $15,000 from my insurance company for ongoing Chiropractor bills. My insurance bill now allows me to consider my car a second home.

I hate anyone that could look you in the eye and say everythings cool then turn around and put a dagger in your back. Damn Turks!

I'm with Bane. Execute them. Immediately, with extreme predjudice.

Posted by: bedamned at January 18, 2006 3:54 PM

I've done some ins. defense work too, and I'm with Chrissy! Sic em!

Posted by: oddybobo at January 18, 2006 4:26 PM

First thing we do, let's kill all the lawyers.

[Except you, Jim of the Place to Stop and Pee by the Side of the Road.]

Posted by: Elisson at January 18, 2006 5:39 PM

I'm an exec in the business and use to wuz a tort defense lawyer. If I can help, in any way, email me.

Posted by: nesselrode5 at January 18, 2006 6:16 PM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 18, 2006 8:03 PM

It appears to me that the other driver was exceeding the speed limit, particularly taking into account the excessive weight he was carrying. An accident reconstructionist, with pictures of the vehicles after impact, and a visit to the scene, should be able to establish the other driver's speed at least at 80 mph, 90 if you serve Crown Royal Reserve.

Posted by: Jack Straw at January 18, 2006 8:13 PM

If you take a 21 ounce pool cue, and knock the tip off with your knife, and then feed it into an electric pencil sharpener...

Posted by: Bane at January 18, 2006 10:57 PM

My big client does primarily insurance company defense work. Knowing nothing more than what you have said, I can tell you with reasonable certainty that 110k is initial bid bluster and a source of great amusement to the defense attorneys. 4k sounds about right. The chances he will get more than 8k is slim at best. Nor will it ever see a court unless he gets silly stubborn and has a lawyer who will humor him. Or worse, a lawyer who is newbie silly stubborn himself.

If they end up going to an arbitrator, common instead of dealing with court, usually the results are reasonable. Once in a while you get a whack job arbitrator who floors everyone with a big award that's uncalled for, but then said arbitrator gets a rep for that and nobody on the defense side will agree to use him in future cases. And so the system balances itself.

But yeah, most car cases are a standard game. The lawyers and insurance people know what any given scenario is worth to make it go away quickly and efficiently. If everything went to court, many of these people getting under 10k would get nothing, but it would cost a lot of time, trouble and legal fees that can be avoided by playing the game. Plaintiff attorneys can go on TV and promise to get you something, knowing they usually will and can churn volume through. Defense attorneys can do a good proportion of insurance company cases at surprisingly low flat fees based on a predictable amount of work and range of outcomes, helping the insurers cut corners because we all know insurance companies are hard up, and insurers preside over a reasonably efficient system with few large payouts.

Posted by: Jay at January 18, 2006 11:49 PM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:14 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:15 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:15 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:15 AM

and I'm retarded for hitting post too many times

Posted by: nesselrode5 at January 19, 2006 5:15 AM

First off, Ness, jesus god take your meds.

Bane, I think I love you. Let us go forth and pike the sumbitches, to a man.

I got rear ended by a jackass of the mexico variety not too far back (luckily was NOT in the new car) and he didn't even have a valid license; it was suspended in 2003 for hitting a ped and numerous other things. Not only that, but the car he was driving did have insurance, but he was SPECIFICALLY EXCLUDED from the policy!

Home Depot and Lowes will be sending me birthday cards for all the 2 x 4's I'll be using.

Posted by: Cythen at January 19, 2006 12:58 PM

I have a beat and release policy with the wetbacks. You hit me, I hit you. A lot. I'll never see you again, so lets take this pain out in trade, shall we? Viva this zapata up your ass, beaner.

Posted by: Bane at January 19, 2006 3:53 PM

Four years ago I got rear ended by a Japanese exchange stoont. At the scene she couldn't speak English and kept demanding an interpreter. Cop gave her a ticket for running a stop sign, her ins. co got my car fixed. Everything's OK, right.

Wrong.

About 4 mo. later I get notice I'm being sued for many, many $$. Six mo. later we're in court, Judge is looking at the Police report, notes six demands for interpreter, and asks cute little exchange student's lawyer some questions the Exchange Stoont answers in excellent English. Judge looks funny at her and asks if she was the driver in the accident, she says "Yes your honor." He asks her shyster how she got so fluent in English in only 6 mo. "Oh, she's an English Lit. Doctoral Candidate at UofW." Judge, now pissed off, dismissed the suit with prejudice because perky, cute, little exchange Stoont lied thru straight white teeth to police at time of accident, revoked her license, and informed her lawyer that he was referring the case to the DA for possible perjury charges. Haven't heard another peep since.

Posted by: Gerry N. at January 20, 2006 10:52 PM
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