Re: Lost Load!!! Part Two

Posted by Mike (WA) on December 01, 2005 at 08:18:15 from (209.213.153.180):

In Reply to: Lost Load!!! Part Two posted by T_Bone on November 30, 2005 at 16:15:19:

The key here is whether you were negligent- without negligence, you are not liable for damages. In court, things like size of strap, whether strap appeared to be damaged when you tied it down, whether you tied it down correctly, would all be examined. Experts would testify as to whether strap was heavy enough. Sounds like the adjuster told the company that there didn't appear to be any negligence, so in their minds, its "end of story". Insurers of the other drivers could take exception, and sue- but probably won't, because insurance companies are all in the same boat when it comes to litigation costs- to keep those costs down, most companies will take a modest hit, even if they're pretty sure they could have won in court. They all know that next time, roles could be reversed. It balances out in the end.

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