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  1. #1
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    Quote Originally Posted by steelish View Post
    Unlike health insurance, that's what the car insurance companies are for.

    In the case of an accident, the insurance company will "settle" a claim with the other driver's insurance company - once done, although a law suit can be filed , it rarely is because of the difficulty in winning such a case...after all, you've settled a claim via your insurance companies which, in effect, says that you are happy with the amount of $$ already received and had signed paperwork agreeing to "leave it at that".

    How do I know this??? Well, during a rainstorm I once hydroplaned through a stop sign in an F150 pickup. I was only going 25, but the person who t-boned me was going almost 50. My truck and his car was totaled. I was at fault (of course) for "failure to stop and causing an accident". In his car was his wife and unrestrained 5 year old girl. The wife received a broken leg, the girl had a concussion, the man had a broken wrist. (He and his wife were out of work for a bit of time). Our insurance companies settled. I asked my insurance company if he could sue me, I was told no because he had signed paperwork (a contract, in a way) stating that he was ok with the amount of the settlement. That occurred over 10 years ago. I've never been sued.

    If you don't have that protection of a car insurance company...I can come directly after you! My insurance company can file the suit on my behalf.
    Thanks for clarifying that.

    Perhaps my comparison could've been better. Essentially, what I was asking earlier is that if you hurt someone, unintentionally but through your own negligance, that causes them pain and suffering (but something that they can recover from entirely), do you think it is right for them to sue you? (In addition to the money they lost because of the incident).

  2. #2
    Belongs to Forgemstr
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    Quote Originally Posted by Lion View Post
    Thanks for clarifying that.

    Perhaps my comparison could've been better. Essentially, what I was asking earlier is that if you hurt someone, unintentionally but through your own negligance, that causes them pain and suffering (but something that they can recover from entirely), do you think it is right for them to sue you? (In addition to the money they lost because of the incident).
    I think it's right that they should be compensated for in some way. That's why car and homeowners insurance are good things. Too bad health insurance doesn't work the same way. It's a whole different ball game.
    Melts for Forgemstr

  3. #3
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    Canada

    In Canada you can't sue for pain and suffering, but you can sue for any lost labor and medical costs. I know because a mall didn't put out a wet floor sign and my mom didn't notice the floor was wet, slipped and broke her ankle. She ended up getting a settlement (which is why they can't sue you, your insurance company settles the case (or as part of settlement makes it a condition that they will not sue if there isn't a case yet)).

    In the claim she filed for compensation for time off work, and for chores that she normally did that she had to pass on to others (I ended up taking over the laundry because I was at home at the time and she had a lot of trouble with stairs), but if I wasn't home she would have had to hire someone to do it. We ended up settling because the offer was better than dealing with lots of court costs plus the risk of losing.

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