If no one is cited during an accident, insurance companies will demand that vehicle owners pay for their damages even if they are not at fault.
I read that originally and wrote it off to the guy being quoted not knowing what he was talking about. Insurance companies do not generally determine liability based on who gets a ticket, although it certainly factors into it. The lack of a ticket does not give an insurance company the right or ability to demand that vehicle owners pay for their own damages -- and it usually does not have that effect. I do not doubt that there have been occasions when an insurance adjuster has said, "The other guy did not get a ticket, so it must have been your fault." But, the fact that it may have happened on rare occasion does not mean that a ticket is necessary to accurately assess liability. Moreover, that kind of pass-the-buck lack of logic and sense (and abandonment of responsibility for an independent and reasonable evaluation) is what makes lawyers money suing insurance companies. An insurance company's duty is to determine liability from the facts of what happened. They do not get a pass on that duty by relying solely on whether a cop wrote a ticket.
I stick to what I said. Giving an 8 year old a ticket is just plain stupid and a waste of tax dollars. There are effective way to punish and discipline an 8 year old (a quick immediate spank on the butt followed by grounding and-or the taking away of some privileges comes to mind). Giving them a ticket that they do not understand and will not pay does not even come close.
As for mandatory helmet laws, I do not doubt the safety aspects of them and I too have heard (and seen) the anecdotal stories of the damage from some kids having accidents without them. Isn't it amazing how some tragic story ends up turning into someone thinking that government needs to take care of everyone else. But, that does not change my opinion about whether there should be a law about it. Frankly, I would have been more likely to make my kids wear a helmet had there not been a law and based solely on the safety argument and issues. It is not government's place to make everything completely safe for everyone and it offends me when government decides to make such laws.
The only really good government is less government.
Troy
Those who shoot from the hip usually end up just shooting themselves.
Plan the grub and grub the plan.
Where is the party tonight? Who is bringng the drinks?
AI
