On 08/20/2015 11:31 PM, Don Y wrote:
On 8/20/2015 10:26 PM, The Real Bev 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?

How many people (*with* cell phones) do you know who don't have insurance?

I don't know any, but nearly everyone I see has one. It used to be that
if an illegal got in an accident (s)he would sprint out of the areas as
fast as possible. Maybe, since La Migra is no longer to be feared, that
doesn't happen any more. In fact, illegals don't have to pay to get
their car out of the impound lots like WE have to. (This may be
apocryphal, but I've heard it several times.)

There are always folks who don't follow the rules -- or, rationalize
that they *can't* (I have a "friend" who has neither license nor
insurance -- yet still drives. But, as the reason he has neither of
those is because he hasn't a pot to **** in nor a window to throw it
out of, he drives very little -- he can't afford the gas, either!).

Folks without insurance are leary of getting in an accident. If
you were afraid of getting in an accident and being prosecuted for
being on the phone, would you still use the phone while driving?

No, but given the crowded conditions in our jails I'd count on being
released and disappearing into the crowd. Besides, I'm too GOOD a
driver to ever have an accident.

If the injured party can just jot down your license plate as you
drive off (as he could do if you had no insurance) and let the
authorities track you down (now it's "hit and run" -- a crime),
are you really going to risk the hassle that comes with that?
Just so you can jabber on the phone??

No idea. I'm a responsible person. If Ihad nothing to lose I don't
know how I'd act.

Can we assume that they drive more carefully?

I suspect they (uninsured) drive carefully and are ready to flee at a
moment's notice. And, are always in fear that someone will get their
plate number, photo, etc.

How about not having a driver's license?

The same applies. I know a (well off) individual who had no moral
problem driving on a revoked (DUI) license. He figured the law didn't
apply to him. shrug

What if they're illegals?

Living an hour from Mexico, this is a part of everyday life.
As the Republican administration likes to beat up on the Mexicans,
they have gone out of their way to make it difficult for them
to be here, legally. E.g., get driver license.

Perhaps that's why we Californians have so many.

Of course, the downside of that is a (true) Mexican will have
no qualms about driving the 60 minutes south to the border *if*
he gets in a wreck, here. Possibly leaving you in a pool of blood
by the side of the road!

And will have no problem getting back into Mexico. I just read that
Foreigners entering Tijuana will have to show a passport and fill out a
form. Minor nuisance -- we've been doing day trips for dental work for
several months and need a few more trips when it gets cooler. We once
had a 1.5-hour wait to cross back into the US, but Wednesday or Thursday
after 2:00 pm has no line at all.

You can't "fix" folks who WILL break the law. I sure dislike
having to stop at stop signs in this neighborhood at 2AM when
NO ONE is on the road! But, I do -- because the law says I am
supposed to, regardless of the number of other cars that happen to
be visible.

I would stop if I figured that it was a good place for a hidden cop to
be lurking. I wouldn't blow on through like I would on a bicycle, but
I'd make a California (or Texas, I understand) rolling stop.




--
Cheers,
Bev
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