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It doesn't matter whether he was "careless" or not. He was driving, his car hit the baywindow. That's all that matters in terms of a claim, UNLESS his insurance company can prove that the driver of the car he supposedly swerved to avoid was the root cause of the accident. Then that driver's insurance will have to pay at least part of both the other drivers' claims. That is what this guy's insurance is aiming at, laying the responsibility on the car he "swerved" to avoid. They are trying to promote a scenario where their driver was just another victim, as would have been the case had the car he swerved to avoid actually hit him and knocked him into the baywindow. You never know how a court will decide, but this sounds pretty lame, given the police reports. This is going to be yet another example of insurance companies taking premiums and then desperately trying to duck paying out on claims. > IN OTHER NEWS, The insurance company for the driver of the car that ran > into the baywindow (the guy that caused the collision) has told the > owner of the baywindow that they are not going to be paying any claims > because the driver swerved to avoid an oncoming car so was not at fault. > Police report cites him for "careless driving." He verbally said that he > was looking down when driving and when he looked up he saw the oncoming > car. Whatever. It's not clear to me how the insurance company doesn't > feel it needs to pay for damages when their driver was driving > carelessly. I've been out of town and will talk to that insurance > company claims adjuster tomorrow. > > -- > Rocky J Squirrel > 84 Westfalia: Mellow Yellow ("The Electrical Banana") > 74 Westrailia: (Ladybug Trailer company, San Juan Capistrano, Calif.) > Bend, OR > KG6RCRs > > > > > > > -- Marc Sayer Journalist, Photographer, Dog Trainer (APDT member #062956) Board member - Western States Great Dane Rescue Association Director of Operations& Training - Deaf Dane Rescue Inc. Oakridge, OR USA My Homepage - http://gracieland.org Deaf Dane Rescue - http://deafdane.org White Danes Yahoo Group - http://pets.groups.yahoo.com/group/whitedanes Western States Great Dane Rescue Association - http://wsgdra.org RescueWatchdogs - http://rescuewatchdogs.org Association of Pet Dog Trainers - http://APDT.com |
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