No subject


Sun Dec 30 21:18:14 EST 2007


injury law firm (I was between jobs and needed _any_ income), it was 
considered borderline negligent (not legally, just financially), to 
convince a judge or jury that an accident was intentional.  IANAL but 
this is how I understood what was explained to me, in MA, if a court 
finds the one driver responsible without finding that the accident 
was intentional (or any of a few other things that might get the 
insurance company off the hook), the insurance company covering him 
is obligated to pay as part of their contract allowing them to sell 
insurance in MA.  The insurance company would have to go to court 
against their client if they wanted to get out of paying and unless 
it's an easy and obvious case it's not likely to be worth their while.

--jim

> 
> All of which is a long way of saying, don't be so sure that drivers face 
> no real, at-home financial penalty for endangering cyclists.  It may be 
> the case that drivers don't understand the possible consequences of 
> their actions -- from thinking that we bikers think it's "funny" when 
> someone swerves at us, to misunderstanding the peril in which they place 
> their assets when they pull shit like that -- but that doesn't mean that 
> there are no consequences.  Maybe that's a larger metaphor for commuting 
> by car anyhow.
> 
> Best,
> d.
> 
> 
> 
> Basil Sharpe wrote:
> > The fix as I see it is to make the driver who hits someone personally
> > liable.   If it's determined the guy was reckless, then some
> > consequences should apply.   If the guy owns a house or has any assets,
> > the insurance company doesn't have to get stuck with the bill.  If he
> > has nothing, a percentage should be taken out of his paycheck for a very
> > long time to cover damages.  In this case the insurance would cover some
> > as well.  He also would loose his license either forever or a long time.
> > Now a driver might think before he speeds on a city street near
> > pedestrians and cyclists.  
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