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#1
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"OP" wrote:
... But if you get a prop strike or bend a wing spar and the damages go upward of $30,000 or $40,000, I think the insurance company is coming after the renter to recoup as much of their cost as they can. On average, these suits are halfway across the country; jurisdiction is where you live and generally crash. So they have to engage counsel in your state, and who don't mind charging a big corporation at all. Your first filing with the court costs little or nothing, a simple denial of the complaint. It's then the plaintiff who gets to spend big money first, in a factual investigation to cover all possible defenses you might raise later. Aviation cases are expensive, because every little thing has to be explained to a jury, which means also lining up experts. In auto accidents, they don't have this problem because jurors drive cars. While they're spending all this money, the defendant need do little. Say at a nontowered field you run into the freakiest turbulence and wind shear on short final you've ever encountered there. They have to prove against this defense. Find others landing at that time. Experts on pilot proficiency expected for handling this stuff. So they know they're not taking a $30K case to trial, where it gets really expensive. The experts clock in at $5K a day plus first class airfares. Defendant knows that too. Insurance company must assume that maximum money for them will be a fraction of $30K in a settlement. It's very easy for them to wind up with a net loss through litigation. So again I want to know how even occasional such suits are. Fred F. |
#2
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"TaxSrv" wrote settlement. It's very easy for them to
wind up with a net loss through litigation. So again I want to know how even occasional such An airplane could easily cause $1M or more in damage or personal injury. This is rare but not unheard of. The costs you mention would be negligible vs. such a claim. Even pilots who do not have visible assets will generally have a visible future income stream that can be attached. Insurance is not to cover anticipated, common occurrences; it is to cover the risk of rare but catastrophic losses. -------------------- Richard Kaplan www.flyimc.com |
#3
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"Richard Kaplan" wrote:
An airplane could easily cause $1M or more in damage or personal injury. You changed the facts from $30K to $1M and still haven't sold me. Grieving widows and disfigured plaintiffs can get $1 million PI judgments OK; much tougher for a big insurance company who has collected premiums to make the payout to get sympathy from a jury relative to sympathy for you. Unless you have enough cash or equivalent they'll take the chance you'll settle w/o going near trial. Even pilots who do not have visible assets will generally have a visible future income stream that can be attached. That's good for small claims court stuff. Look up the law for wage garnishment in your state, which likely places a low limit on the amount per pay period. Then look for protections the wage earner has which can reduce their recovery further, and that amount can be a mere agreement, not a court order. Change jobs and the litigation starts all over. Meanwhile, some law firm in your town is freely sending big legal bills to like Avemco. Fred F. |
#4
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"TaxSrv" wrote in message
You changed the facts from $30K to $1M and still haven't sold me. Grieving widows and disfigured plaintiffs can get $1 million PI judgments OK; much tougher for a big insurance company who has collected premiums to make the payout to get sympathy from a jury Perhaps so. Perhaps not if they can portray you as a "rich pilot" -- that is the public perception of ALL pilots. And if the issue is property damage then the dollar amounts are pretty clear and can easily be $1M. That's good for small claims court stuff. Look up the law for wage garnishment in your state, which likely places a low limit on the amount per pay period. Then look for protections the wage earner has And it is worth it to have someone go after you in this manner? This is particularly significant if -- as it not unusual -- a pilot has a professional job where such a judgment could raise questions in an employer's mind about the employee's integrity and/or financial solvency. Credit checks are not unusual as part of pre-employment screening. Even if someone were hired, I suspect an employee with garnished wages of this nature might well raise red flags in the mind of supervisors regarding their fitness for advancement in the company. ** All that aside, if nothing else a judgment is worthwhile for an insurance company to get to protect themselves against some future windfall you may receive. Insurance companies can be patient. Many, many people will eventually receive an inheritance or acquire assets over a period of time. Do you really want to live your life playing a cat and mouse game avoiding a financial judgment? -------------------- Richard Kaplan www.flyimc.com |
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