Date:         Sun, 8 Aug 2010 09:55:05 -0700
Reply-To:     Marc Sayer <marcsayer@HUGHES.NET>
Sender:       Vanagon Mailing List <vanagon@gerry.vanagon.com>
From:         Marc Sayer <marcsayer@HUGHES.NET>
Subject:      Re: Mystery engine cutouts
In-Reply-To:  <832806.89376.qm@web110616.mail.gq1.yahoo.com>
Content-Type: text/plain; charset=ISO-8859-1; format=flowed

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
>
>
>
>
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>
>

--

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