How About Tort Reform.................

Discussion in 'Law and Justice System' started by Emmett, Jan 8, 2006.

  1. Emmett
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    Emmett Active Member

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    Once upon a time there was a single dad from Georgia who collected all his pocket change for years while raising his son alone in a world that was not used to this arrangment. Women got sympathy, this fellow got " I wonder what he did to that woman to make her give him that child!"

    After many years of commuting, little league, PTA and a stint as Booster Club president mixed with the sacrifice of not being able to work at jobs he would have rathered the guy raised his little son to High School age. All the while he woulkd continue to stowe his pocket coins left over from lunch and collective barter deals built around his 200 maybe 300 and something dollar a week jobs. He never remarried for he saw his responsibility to be finishing what he started.

    Finally one day after dreaming for years what he would do with his windfall of pocketchange, he decided to count the loot. His young son was now a teenager and the fellow could now start a business since things like everyday breakfast, overseeing schoolbus stops and Little League were in the past. Wow! 1737.40!!!!!!! That's Seventeen Hundred Thirty Seven Dollars and Forty cents. Now all he needed to do was think of a business he could start on his own and try to gain prosperity for himself and his young son.

    While raising his son he had worked part time as a bounty hunter! Nah! Also a Repoman!

    He thought up name, spent 1500.00 on a down payment for overpriced insurance, welded a makeshift repo rig into the back of his pick up and wa-lah!

    Many years and 5 million dollars later the Repoman had 5 offices throughout the southeast and was doing very well. The weeks were long and the job was dangerous, he'd been insulted, shot at, chased in cars, thratened and God knows what else but he was prosperous! The company had 15 Repotrucks, 27 employees and were servicing most all the Major market Auto Lenders.How about that?

    Then one day in December 2002 one of his company's agents encountered a car that the company had been looking for for over a year. It was a first payment default in Montgomery, Alabama. It was a great job on the part of the agent to have finally found this unit being that not one payment had ever been made on this brand new car.

    Footnote: The American consumer pays 34% of the purchase price of an automobile to recoup costs the companies incur as a result of people not paying for what they buy.

    The agent made one fatal mistake! He was nice! After encountering the young man in the car he noted there was a small child with him. The young man pleaded to allow him to take (his sister's) car back to her apartment so he could get (his) stuff out and drop off the child. The agent agreed to follow him.

    The young man drove off at speeds over 80 mph and 2 miles away he crashed the car and killed himself! The child was hurt too.

    The young man had no drivers license.
    The child was wearing no seat belt!
    The young man was polluted with crack cocaine in his system!
    There was no insurance on the car.
    There was an open container of beer in the front seat!

    A young female police officer witnessed the accident and said that the repoman was nowhere in sight when the car crashed!

    The Repoman lost everything he had by being forced to settle the lawsuit because of well..........the ethnic representation of the jury would have guarenteed a decision for the plantiff who sued the Repoman for Wrongful Death!

    Somehow two of the young man's cousins convienantly witnessed the accident....and the chase.....and the meeting at the store where the repoman's agent encountered the young man. Aunt Martha told what a wonderful young man he was and how he always helped his mother, was a star student (wasn't true) and cried as she was deposed by the Plantiff's attorney. ( who got 30% )

    The Repoman was helpless. The Lending Institution (one of the largest in the world) used many efforts to influence the Repoman to allow his insurance company to settle the lawsuit. In their opinion it was fruitless to fight even a frivilous suit because the jury would award regardless. No one loves the Repoman they said.

    Well.............needless to say, the Repoman has no company anymore. As a matter of fact he has very little. It is hard to pay off debts of building a business with no income. You can't have income when you can't get insurance. You can't get insurance when you have had a wrongful death judgement against you or even an accusation for that matter. It all goes on your claim record.

    Never mind that the car was not being paid for. The fact that the young man was a known crack dealer and user and was polluted with the stuff when he ran from the repoman. Never mind that the agent did not chase him, or that the young man drove 80 mph thru a residential neighborhood with a 6 yr old (unbelted) in the car and crashed. Never mind that YOU paid for that car with the price of your new car.

    At least the young man's parents and sister are filthy rich now!!!!!!!!!!

    LIMIT AWARDS IN CIVIL CASES TO MAXIMUM INSURANCE LIABILTIES!

    Did the Repoman deserve to lose everything he worked for through the years while raising his son to save his 1737.40?

    THIS IS A TRUE STORY! TRUST ME!
     
  2. Emmett
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    Emmett Active Member

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    I couldn't think of a better way to make a point than to tell the story itself. It is true and it happened to me! I can't mention names of course because of the settlement terms. I'm not even suppose to talk about it.

    At 44, I lost everything I had because of this "incident".

    I promise no more tear jerkers on this site as yall know I like humor instead but I thought maybe an example tied to someone real might help get my point across.

    How many green dots do I get for a piece of my soul?
     
    • Thank You! Thank You! x 1
  3. Abbey Normal
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    Abbey Normal Senior Member

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    Sorry. Emmett. That must be hard to take.
     
  4. Emmett
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    Emmett Active Member

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    Oh sweetheart, it's OK. You see, because we live in America I and anyone else can bounce back>

    These types of things can happen because our politicians are spending their time arguing over who leaks worthless information to the biased press. Personally, there isn't anything going on up there on the hill today that made the press this weekend that I give a damn about. I want emphasis on things like what happens to innocent hard working folks who lose because legislature's time is spent pissing and whining about the other instead of concentrating on the peopkes business.

    Frankly, I say fire them all. For 10 years, vote for no incumbants. Do rollover primaries and completely change the face of our government. I assure you the next batch will understand they arfe there to do the business of the peopke and not argue over petty stuff.

    It makes no sense for a person to be ruined over the actions of another. I believe only personal liability should be assured anyway. Of course I am a Libertarian and that is the way we think.

    I only put the story there so people could read truth. It ois a shame that it can happen.

    As for me, I'm OK. I'm building another company from scratch. I'm a little older and tired but I am no quitter. Much like the American spirit. True Americans love an underdog story. This is the greatest place to live in the world. American people are good people! When the chips are down we rise rto the occasion. I hope the little story inspires just one person to think about it and to think that it could haooen to a fellow AMerican. If it stays on their mind it will breed to others through debate and who knows, maybe get the attention of someone who matters.

    The American spirit is strong. Look at the folks who sit on this site night after night trying to drive home their ideaology. Left or Right they are the soul of American Philosophy. We are never going to agree about everything. Never will everybody agree about anything. It is our right to fight intensly from both sides to hammer home our points and try to bring things a little closer to our side one agenda item at a time. It is what our soldiers have fought and died for.

    Like Zell said - A soldier follows and fights for a flag so that it can be burned by those he defends! It can't work any other way. God knows for what reasoin someone would want to burn one but they have that right.

    Personally I hate seeing people insult the president in public. However theyhave the right . The complexity by which our system contributes so many angles of belief into one basic idea of Freedom is hard to interpret at times. Heck in our country one power hands total control over to another in a peaceful process after all the arguing is over on Inaguration Day.

    I am working hard to overcome the hit my family took but because I live here I have the chance to. I even have the chance to try and make a difference in the future to see a day when it can not happen to another guy. This is when I have to take my SIDE in the issue. Democrats can't keep thinking that there is an endless bag of money in hard working folks' pockets to support all the folks in the church van on the way to the poles to vote. Sooner or later it has to change!

    Don't feel sorry for me! I appreciate you, you very sweet. Instead, write your congressman tomorrow and other state rep's and tell them how you disagree with this system than can allow such a thing to happen. that's how we change it! God Bless
     
  5. 5stringJeff
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    5stringJeff Senior Member

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    I'm sorry to hear about your plight. :(

    I have always been in favor of sensible tort reform. Your story just makes it that much more clear that I'm correct in my thinking.
     
  6. Annie
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    Annie Diamond Member

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    Wow Emmett, personal stories are the ones that get folks attention. Unless I'm off base, the beginnings of tort reform start at the state level. Illinois, has for years been at the forefront of giving huge awards. Three counties down in Southern Illinois in particular. People were finding reasons to have their cases moved from other locales to these three, lawyers knowing that the awards would be much higher.

    A few years ago, small companies, such as doctors, lawyers, beauty salons, etc., started to leave the state. Reason? Insurance rates. The juries consistently were awarding and defendents settling at the limits and above insurance limits. Our politicians are corrupt here, no doubt. Also smart or feral enough to smell where the money is going. They instituted enough reforms and limitations to stop what could have become a flood.

    Insurance companies too should be forced to fight when the insured hasn't done anything to deserve the case. Most of us have been lucky enough not to have walked in your shoes. But most of us have been or know someone who has been in a car accident, not our fault, with someone that is willing to claim all sorts of injuries and damages. The insurance companies, stung I'm sure by juries, usually just 'settle'. Wouldn't happen if you didn't carry insurance or were underinsured. That's just wrong.

    Your optimism and level of hard work will help you overcome the obstacles that have whacked ya! Yours is a telling and inspirational story! Glad you are here.
     
  7. KarlMarx
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    KarlMarx Senior Member

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    Emmett, I am very sorry to hear about your loss.....

    The ones that get rich are the lawyers.... as I said many times on this board before, something has to be done about tort reform....

    The standard of proof in civil cases is much lower than it is for criminal cases. That is unjust.

    Liability claims amount to 200 billion dollars a year. Those liability claims are often times passed down to the consumer. In a 10 Trillion dollar economy, such as ours, 200 billion dollars translates into 2 cents on each dollar. So in effect, we all pay a 2% tax on every dollar we spend for liability claims.
     
  8. Hobbit
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    Hobbit Senior Member

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    I become more and more in favor of tort reform every time I look at product packaging, like a heat gun that reaches temperatures of over 1000 degrees that has the warning: Not to be used as a hairdryer.
     
  9. SpidermanTuba
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    SpidermanTuba BANNED

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    Sweet. This means if I cause a wreck that totals a $100000 car and puts a whole familiy in a wheelchair the rest of their life, I only have to pay $20000! Awesome! Seems fair to me.






    You should have gone to trial. You can't lose more than everything, anyway, and if the facts are really as you prevent them, even if a jury found against you, there's no way it would hold up on appeal.
     
  10. SpidermanTuba
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    SpidermanTuba BANNED

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    There's a reason for that.

    Oh no, not the all holy consumer! Certainly, we must not allow those who have been screwed over to seek damages, as this will pass itself down to the consumer! If a chemical company pollutes your backyard and gives you cancer, why should they have to pay? Afterall, what is your individual life really worth compared to low prices for every comrade?
     

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