On 08/20/2015 12:12 PM, Don Y wrote:
Hi Bev,

On 8/20/2015 12:04 PM, The Real Bev wrote:
On 08/20/2015 09:50 AM, Don Y wrote:

Want good cell phone accident involvement factors (note you
still can't claim the usage was *causal* -- just *possibly*
causal if the phone was in use at the time of the accident)?
Pass a law that makes it a crime to be found to be using a
phone at the time of an accident! I.e., *force* the data
to be collected.

Another way of doing this is to allow insurers to free
themselves from their obligations to the *insured* if the
insured can be found to have been on the phone ("Sorry,
Mr. Jones. But we won't be paying that $300,000 claim
the other party has made against you! Your *phone*
told us that it was ON and that you were talking to
Mr. Smith at the *instant* your car collided with that
of the other party" Or, playing a game, texting, etc.
Phones make great, impartial witnesses!)

Given that few people can pay $300K to the person they injured, it's the victim
that would bear the brunt here. Better if the insurance pays and then attaches
enough of the perp's assets to recoup their loss. No, the usual bankruptcy
laws wouldn't apply here, everything is up for grabs.

The disincentive isn't the potential monetary obligation;
rather, it's the "hey, you're on your own, here" aspect.
The insurance company is NOT going to be handling the
claim and potential litigation on your behalf.

BUT how is this different from the people who have no insurance at all?
Can we assume that they drive more carefully? How about not having a
driver's license? What if they're illegals?

A process server will show up at YOUR doorstep with "papers".
*You* will shop for the lawyer. *You* will put up the
earnest money. *You* will pay for any investigators he
has to hire, reports he has to acquire, etc.

Even so, the insurance company isn't all that helpful. "Yeah, our
insured was really stupid and destroyed your car just because she was
stupid and didn't look, so we're going to give you $3K and you're on
your own for finding a replacement. Have a nice day." PROPER insurance
would deliver an exact replacement (within reason) of the car to my door
within a week, having paid for a rental while they find it. Yeah, right.

And, when you run out of cash (or plastic), *he* stops
working -- but the other party still drags you into the
courtroom as often as *their* lawyer decides is appropriate
to wear you down!

Even folks with re$ource$ would balk at the prospect of having
to do all this legwork and be thusly "exposed".

Tough on the perp's family, of course.

--
Cheers, Bev