Just a couple more clarifications

Post #230,021 by jbrabeck 10/18/05 10:25:56 PM Reply	Just a couple more clarifications Allstate is other driver's insurance Farmers is ours. We do not have collision, so nothing can be done by our agent (already checked) Allstate has admitted fault. They are trying to assess "comparable negligence". (Did my daughter do everything possible to avoid the accident) Minnesota is a no fault state. Here is the statute they are pinning everything on: (MN 169.14) Subd. 3. Reduced speed required. (a) The driver of any vehicle shall, consistent with the requirements, drive at an appropriate reduced speed when approaching or passing an authorized emergency vehicle stopped with emergency lights flashing on any street or highway, when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. Emphasis mine. Does this change any of your suggestions? A good friend will come and bail you out of jail ... but, a true friend will be sitting next to you saying, "Damn...that was fun!"
Post #230,024 by drewk 10/18/05 10:44:27 PM Reply	Not mine, call the AG That's what you pay him for. I'll bet you lunch that as soon as you describe the issue they tell you chapter and paragraph of what consumer protection law they're violating. === Purveyor of Doc Hope's [link\|http://DocHope.com\|fresh-baked dog biscuits and pet treats]. [link\|http://DocHope.com\|http://DocHope.com]
Post #230,026 by Another Scott 10/18/05 10:48:19 PM Reply	Dunno about the other suggestions - they sound reasonable. Let's read some more of [link\|http://www.revisor.leg.state.mn.us/stats/169/14.html\|MN 169.14]: Subd. 7. Burden of proof. The provisions of this chapter declaring speed limitation shall not be construed to relieve the plaintiff in any civil action from the burden of proving negligence on the part of the defendant as the proximate cause of an accident. IANAL, but I read that as saying that Allstate would need to prove that your daughter was not driving at an "appropriate reduced speed" and/or prove that she was negligent. (I think appropriate is the operative word there.) IOW, Allstate has to prove that your daughter had any responsibility for the accident. The fact that it happened to her in an intersection does not prove that she didn't obey Subd. 3. I wouldn't let Allstate get away with this, but you need professional advice about what to do next. Your insurance agent should be able to offer some advice as well (they really should handle the whole thing, IMO). HTH. Best of luck! Cheers, Scott.
Post #230,036 by bepatient 10/19/05 8:29:06 AM Reply	Not having collision shouldn't matter You're not asking your agent to pay, you're asking your agent what arbitration rights you have to get your full award. Completely different...and back to my earlier post is exactly why you pay the person. Keep after them, becasue they really don't like to work for the money you pay them. If you push something hard enough, it will fall over. _{Fudd's First Law of Opposition} [link\|mailto:bepatient@aol.com\|BePatient]
Post #230,039 by boxley 10/19/05 9:43:12 AM Reply	Allstate doesnt want to pay, that is their function now the 2k might be settled if they thought their obligation was going to be much higher. All companies will settle anything below 7.5k they will go to court regardless of fault in cases over that amount. Now I think your daughter should submit a medical claim that will push the amount to about 6k. Settle for the original 2k. thanx, bill "the reason people don't buy conspiracy theories is that they think conspiracy means everyone is on the same program. Thats not how it works. Everybody has a different program. They just all want the same guy dead. Socrates was a gadfly, but I bet he took time out to screw somebodies wife" Gus Vitelli Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep questions, help? [link\|mailto:pappas@catholic.org\|email pappas at catholic.org]
Post #230,054 by folkert 10/19/05 12:01:38 PM Reply	That changes nothing. Do the AG first, if he/she suggests followup in civil court then proceed further. -- [link\|mailto:greg@gregfolkert.net\|greg], [link\|http://www.iwethey.org/ed_curry\|REMEMBER ED CURRY!] @ *i_wethey* Freedom is not FREE. Yeah, but 10s of Trillions of US Dollars? SELECT * FROM scog WHERE ethics > 0; 0 rows returned.

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