From: "hilary miller" <hilary.miller@execnet.com>
Newsgroups: misc.legal
Subject: advice needed - auto coll
Date: 15 Aug 92 08:05:20 EST
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Christopher Preston, in a message to All on 08-14-92 at 5:52am, said:

CP>|  So, question #1, am I ok?  Can the ice cream company's
   |insurance company, or the ice cream company get out of
   |fixing my car?
   |  Now for part two.  My car is ONE MONTH old (God knows
   |I bought used cars for twelve years and nobody ever bothered
   |to hit *them*).  To the best of my recollection, I parked
   |that car straight (I'm careful about that because I want
   |to make sure no one parks next to it and smacks it with
   |a door, or backing out, sigh).  It was about _three_
   |feet to the left (opposite to the direction of impact)
   |thereafter.  I have not moved it an inch and plan to have
   |it towed (after the insurance adjuster comes and looks)
   |to the dealership for repairs (my insurance company says
   |this will be ok, and I'm covered for towing).
   |____________________________________________________________

               If you have collision insurance, *your* insurance
               company will pay for the damage to your car and
               will extract a settlement from the ice cream
               truck's carrier.  If you don't have collision in-
               surance, then you will have to press you claim
               against the negligent party.  Liability seems
               pretty well established; it is not considered
               comme il faut to hit a parked car with an ice
               cream truck.

               In general, you will not "get a new car" out of
               this accident unless the cost of restoring your
               car to its original condition is disproportionate
               to its value as restored.  You are, however, enti-
               tled to be put back in the same position you were
               in before the loss.  Note: in most states, loss of
               use is a compensible item of damages.  If you rent
               a replacement car when yours is in the shop, you
               should be able to recover the cost.  Check your
               policy, too, and see if it's covered.

               Your insurance broker is your friend.  You paid
               him for coverage; now it's his turn to perform. 
               See what he can do for you.

               Standard Disclaimer: The above information is not
               to be construed as legal advice. Legal advice may
               not be given on a BBS, especially one which cross-
               es state and national boundaries, because the law
               varies from jurisdiction to jurisdiction and be-
               cause of concerns about unauthorized practice of
               law (a criminal violation) in those jurisdictions
               in which the author is not licensed.  Proper legal
               advice can only be obtained from an attorney li-
               censed to practice in your jurisdiction who is
               competent in the specialized area of the law, whom
               you consult and hire, and who then assumes the
               obligation to protect your rights and explain your
               responsibilities.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
    
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