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Author Topic: The Insurance Dilemma  (Read 1735 times)

Blargityblarg

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Re: The Insurance Dilemma
« Reply #15 on: October 12, 2010, 04:44:41 pm »

Try finding a free legal aid service, if there are any where you live.
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sonerohi

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Re: The Insurance Dilemma
« Reply #16 on: October 12, 2010, 07:37:06 pm »

What I took away from it was: How does OP fight off a lawsuit without bringing the guns to bear and getting the other person in deep shit. Am I right, OP?
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smjjames

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Re: The Insurance Dilemma
« Reply #17 on: October 12, 2010, 07:45:41 pm »

I guess it would depend on the situation, and the OP is being vague about it. Other than some kind of accident and something having to do with the neck. However, its not clear if it is actually a workplace accident as I'm not even sure what would cause whiplash other than a car crash and the sneezing thing doesn't sound very credible to me.

Also, have you ruled out bad posture? That will give you a sore neck after a while.
« Last Edit: October 12, 2010, 07:49:03 pm by smjjames »
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Starver

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Re: The Insurance Dilemma
« Reply #18 on: October 13, 2010, 06:55:02 am »

Ok, to clarify, I'm more musing (in an amused way) about the whole situation.  At first I thought it would fit into the kind of discussions about Life Advice, but then decided that it wasn't really me seeking advice as just doing the musing about the approach I am already taking.  Apologies if the TL;DR aspect means you didn't understand that.  It probably didn't help that the opening paragraph was the last thing I wrote (just before posting, slightly hurried) and its attitude may not have blended into the rest (written and edited while isolated from the net, while otherwise avoiding more boring things I needed to do) quite as well as I had hoped.


I have been deliberately vague about the details because a) it would be too long[1], b) I'm not a "this morning, I had some toast" facebooker or "it's morning, and I am having some toast" tweeter and c) there's the sub-judicial aspect if my valued disassociation between my RL self and my online persona[2] breaks down.


What I was doing was musing that I am in a situation where all considerations finds the net result of trying to explicitly blame the other driver illogical.  It's individually better for each of us to try to better the other, supposedly, but assuming one or other of us doesn't have a problem with their representation it'll end up as a no-fault (at best) or both-at-fault (at worse).


The eponymous Prisoners (the title of this thread being a pun on their eponymous Dilemma) get taking to separate interview rooms and get asked to dish the dirt on the other in an irreversible and unchangeable act, has an absolute change and after which their combined fate is sealed.  I will say (and have said) "I won't fault the other party, but I'll assert my own faultlessness if challenged".  Though the wheels of documentation are turning far too slowly for my liking[3] to tell what the other party's position is yet, I know I still have the option to assert if necessary.

As to personal injury, at the time of writing I was of the opinion I had no injuries worth speaking of.  Nothing I'd be happy being money-grabbing about, given that such money doesn't come out of empty air, anyway.


And, to relate to something I said in another thread about fatalism/determinism, all this stems from the decision to start my travel at one particular moment in time which was all to do with a number of factors.  The worst thing is that, if I had my time over, it'd all happen again.  Unless I somehow sneaked this memory from the future into my psyche.


[1] Witness how the non-detailed one got so TL;DR, already...  Add some more pages of information to that.  And images/diagrams intended for the insurance company if I was feeling particularly forthcoming.

[2] That might give a wrong connotation that I'm 'playing being someone else'.  No, I really am like this in real life, verbosity and all, but I like to maintain something of a Chinese Wall between my Real Life and various Virtual Life selves.  While it's not specifically to ensure the stable door is bolted before the horse gets the first idea of escape, that is also one of the results.  I also know that there's plenty of loose boards in the stable wall, which I'm not going overboard in nailing back in place.

[3] The two letters from the solicitor about their representing me on uninsured losses got to me quickly enough, but it's the insured losses that I want to concentrate on.
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smjjames

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Re: The Insurance Dilemma
« Reply #19 on: October 13, 2010, 02:02:39 pm »

EIther you're trying to commit workers comp fraud (which you likely aren't, since you wouldn't be talking about it here otherwise) or you're speaking hypothetically.  So, I'll go with you being hypothetical about it.

Still, it's understandable to intentionally be vague because you'd have to give private information that you wouldn't want to reveal over the internet on a forum.

So was it that you did get injured on the job or no? That seems to be partially what people are confused about.
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Phmcw

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Re: The Insurance Dilemma
« Reply #20 on: October 13, 2010, 05:13:47 pm »

I have heard about non-suing agreement in the us. Maybe you can try to get one with the other party (you'll still need a lawyer).
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smigenboger

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Re: The Insurance Dilemma
« Reply #21 on: October 13, 2010, 06:29:47 pm »

Yes, though I'm looking for a new avi, or going back to my MSPaint wolf.
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Starver

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Re: The Insurance Dilemma
« Reply #22 on: October 14, 2010, 08:59:23 am »

So was it that you did get injured on the job or no? That seems to be partially what people are confused about.
Car accident.  (Suitably vague, although I thought I'd alluded to that aspect already.)

And no, I neither got injured, nor have I planned to claim for injury.  Buried in the OP was "Whiplash?  What whiplash!", meant to convey that.  Perhaps my closing sarcasm about the pepper didn't read quite as I intended.


The issue was that despite my own most objective assessment being that it was a no-fault (or 'equal fault', between me and the other party, at worst) incident the way insurance works means that we all end up out of pocket if there's no liability established.  There's the lawyers the Insurance Company put on to me to "recoup my uninsured losses" (essentially, the difference between what they would have offered me and the Excess), but someone needs to be blamed/accept blame for that money to be divvied up.

Of course, I was paying LargeAmountOfMoney to InsuranceCompany, and they're in the business of taking in money and not giving it away.  They all are.  That's how it works.  And (no offence to resident lawyers here) the lawyers jumping at the chance to 'help' me could be just as bad, and I feel morally obliged to refrain from play their game and blaming someone (never mind play up any possible injuries) that I can't honestly pin the blame on.  Also, predictably, the other side are asserting my liability.  (It would be their best personal result to do that, can't argue with that approach on that basis.)  To which I will equally assert otherwise, though still wish to refrain from a counter-charge because my own morality won't let me.  Mud may be flung, and I have my own stock but just don't want to use it if I can help it.

What's more, I've since discovered things that show that the event may well have been caused by someone else's carelessness.  But they aren't easily identifiable, and all it would do is shift liability to someone I'd like even less to blame.  But as I'm still waiting for anyone to actually ask me to make my own case, I'm getting all these details to hand while otherwise left twiddling my thumbs.
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smjjames

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Re: The Insurance Dilemma
« Reply #23 on: October 14, 2010, 10:22:40 am »

I DID think it was a car accident, but you also seemed to be talking about something workplace related, so it got a bit confusing for me.

Having to fight with car insurance sucks I guess.
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Starver

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Re: The Insurance Dilemma
« Reply #24 on: October 14, 2010, 10:32:28 am »

...but you also seemed to be talking about something workplace related, so it got a bit confusing for me.

Aha, that's why the confusion.  The explanation for that is that it occurred very close to a place I was working at.
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