Forum Discussion
IdaD
Feb 18, 2017Explorer
CWSWine wrote:
I believe that the only time overweight will come into play is if you are in a accident that ends up in court. When I sat on a jury we had to fill out form stating what factors caused an accident and one of the questions was "Was the Vehicle Operating within manufacture specs - Yes - No What percentage of cause do you assign" or sometime to those words. I don't think that overweight will be on the only cause but one of many. The jury I was on spread the cause over several areas. Now I have seen a bill board that had on it if you been in a accident with a commercial or RV call this number of law office xyz. Over the last couple of years I have seen more and more ads from lawyers wanting cases with overweight RVs like the link below and most of the time are quoting GVWR like the one below. Got to be something to it if lawyers are taking the time to research and write ads.
RV Overweight Lawyer
An ambulance chaser like that will try to make hay over anything, and citing a hack's advertisement doesn't make a persuasive argument in the least. I started out practicing insurance defense after law school and hacks like that rarely try cases and just throw whatever spaghetti at the wall they can to try to maximize settlements. Being over a manufacturer's spec in and of itself means nothing. It also has to be a breach of duty on the part of the defendant and a proximate cause of the plaintiff's injuries (it's a little more complex than that and varies some by state, but for message board purposes that's good enough). In the end the most it would likely ever be is one of many factors discussed in a mediation or settlement that your insurance would pay. Even that's a bit of a stretch unless you're really grossly overweight.
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