Forum Discussion
RoyJ
Jan 15, 2021Explorer
Lantley wrote:RoyJ wrote:Lantley wrote:
The entire insurance industry is based on "What if's"
No, it's based on proving, beyond reasonable doubt, that the accused reason is true cause of the accident.
Reasonable doubt are you kidding? Insurance companies will seetlle all kinds of claims if they think its prudent. There is no guilt with liability. Guilt is associated with criminal cases.
Liability can be very subjective. Never the less if the insurance company figures it's cheaper to settle vs. fighting it in court with a lawyer.
They won't hesitate to settle, even if they believe they were not truly liable
Your rates are based on what if this RV is totaled?
Who is the bigger risk the guy with a clean driving record or the guy with 3 DUI's in 3 years?
What are the chances of the 50 year old male crashing vs. an 18 year old teenager crashing.
What car is more likely to have an accident a Corvette or a Camry?
All these if's are what the insurance company ultimately pays for and also what we pay for.
I'm not asking you how insurance rates are calculated.
Let's back up a bit: an overloaded 2500 towing toyhauler causes an accident (your scenario). If insurance settles, like you mentioned, then the driver doesn't have a problem does he? His insurance goes up, but it would go up regardless of "overloading".
What I'm saying: when insurance coverage is denied (typical scare tactic), this then goes to civil / criminal court. Now we're getting serious, this is where you need to prove, beyond reasonable doubt, the toy hauler / 2500 combo caused the accident.
If I'm the expert witness engineer, first thing I'd check is: does the 3500 SRW truck have the same rear brake caliper, rotor, and pads. If so, then braking is not an issue (provided toy hauler is within 3500 SRW limit). Trailer brakes remain constant. So obviously braking power is not the cause of the accident.
About Travel Trailer Group
44,052 PostsLatest Activity: Jun 10, 2015