[Rhodes22-list] Hit by a car, can my rhodes be saved?

Thu May 27 12:32:27 EDT 2010

Art;

Somehow I knew from the first post on this thread that eventually my name
would be taken in vain, so here goes.

I have to side with John Shulick on this one. I have a love/hate
relationship with property/casualty ins co's . I love the fact that they
exist to provide a means for my clients and me to get paid at the conclusion
of the matter (chasing uninsured miscreants is a big PITA); but they are not
in the business of being fair to claimants. They are there to get a return
on investment for shareholders or to save money for their members in the
case of mutual companies. Much of my work is representing plaintiffs in
medical negligence cases and I actually had to litigate a recent case for
FIVE YEARS, including getting half way through a jury trial before I was
able to get an adequate settlement from one carrier where their Doc had left
behind a surgical laparotomy pad (8 X 10 thin surgical sponge) in the
abdominal operative field. They should have paid me on day #1, but they
fought tooth and nail and didn't pay until I had my foot on their neck on
about day #1500. There was NO EXCUSE for what the Doc did, and they still
wriggled and squrimed and tried to blame the circulating nurse and the
hospital and al qaeda and god knows who else before they finally quit. It's
not easy but I do still enjoy it.

Alex is in for a battle too. The cops should have charged the guy with DUI.
There is no rule that he must be "in the car" when they catch up with him.
That was baloney. His homeowners carrier will likely claim the boat was not
"appurtenant" to the house, and the guy's auto carrier will want to pay at
most the amount of money he could have sold the boat for on the day before
the wreck (next to nothing). Most lawyers will not be interested in getting
involved because no one was hurt and the case has no real value. Maybe some
lawyer will be willing to sue Alex because the fence was too close to the
road  ;>)

Love to all,

Ben C

Arthur H. Czerwonky wrote:
> 
> A stroke of genius, Chris!  Yes, how he must be suffering!  I think all of
> have been damaged from collateral mental anguish, right along with Alex -
> maybe BenC could suggest how we could initiate class action proceedings,
> especially as we are such classy critters.  C'mon, Ben!
> 
> Art
> 
> -----Original Message-----
>>From: Geankoplis <napoli68 at charter.net>
>>Sent: May 27, 2010 2:08 AM
>>To: 'The Rhodes 22 Email List' <rhodes22-list at rhodes22.org>
>>Subject: Re: [Rhodes22-list] Hit by a car, can my rhodes be saved?
>>
>>I say that it was a shame that Alex was in the boat and suffered that
awful
>>soft tissue whiplash.  Why his pain and suffering alone will buy him a new
>>Rhodes to help him forget the pain.
>>
>>Chris
>>
>>-----Original Message-----
>>From: rhodes22-list-bounces at rhodes22.org
>>[mailto:rhodes22-list-bounces at rhodes22.org] On Behalf Of John Shulick
>>Sent: Wednesday, May 26, 2010 20:47
>>To: rhodes22-list at rhodes22.org
>>Subject: Re: [Rhodes22-list] Hit by a car, can my rhodes be saved?
>>
>>
>>Art,
>>
>> I will await with eagerness to learn the outcome of this settlement if
>> Alex
>>is willing to share it with the forum. I also would like to hear what
method
>>
>>the "professionals" propose to fix the damage should the insurer actually
>>pay up enough for them to be consulted. I will repeat what I said earlier
in
>>this thread "nothing would please me more than to be wrong in this case"
and
>>I really mean that.
>>
>>Best to all (even Rummy)
>>
>>John S 
>> 
>>
>>Arthur H. Czerwonky wrote:
>>> 
>>> John,
>>> 
>>> You know, except for cases where 'contributory negligence' clouded the
>>> issues, I have generally experienced fairness in past claim adjustments. 
>>> The exposure to loss can bite when there is a question of who is
>>> responsible for what percentage.  I may have some, but not much bias as
>>> I
>>> was in the industry at one time.  In the case of the insurer of this
>>> uncharged DUI driver (DUI, that is) his insurer calls this shot...
>>> 
>>> Art
>>> 
>>> -----Original Message-----
>>>>From: John Shulick <jsbudda at verizon.net>
>>>>Sent: May 26, 2010 10:19 PM
>>>>To: rhodes22-list at rhodes22.org
>>>>Subject: Re: [Rhodes22-list] Hit by a car, can my rhodes be saved?
>>>>
>>>>
>>>>
>>>>I just hope that the driver's insurance gives him a fair settlement.  
>>>>
>>>>Art,
>>>>
>>>> Fair and insurance used in the same sentence is an oxymoron. How do you
>>>>think those SOB's get their multimillion dollar palaces and 60'+ yachts?
>>>>They pay a floor of lawyers each more in a year more than I will earn in
a
>>>>lifetime to wriggle out of their obligations. They certainly don't do it
>>by
>>>>honest labor.
>>>>
>>>>Wake up and smell the burnt toast
>>>>
>>>>John S   
>>>>-- 
>>>>View this message in context:
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>>88736.html
>>>>Sent from the Rhodes 22 mailing list archive at Nabble.com.
>>>>
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>>> 
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>>
>>-- 
>>View this message in context:
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>>89181.html
>>Sent from the Rhodes 22 mailing list archive at Nabble.com.
>>
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to
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> 
> __________________________________________________
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> 
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> 
> 

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