3 ms·

> I don't know what people being insured or not has to do with the fact that people will sue for whiplash claims (even when they don't actually have whiplash) i

> I don't know what people being insured or not has to do with the fact that people will sue for whiplash claims (even when they don't actually have whiplash) in order to extract some $ from the system, enriching a bunch of lawyers in the process. From the very top of your Google link: > There is no guarantee that the person who caused the accident will even have insurance. You may have to file a personal injury lawsuit to facilitate collection of your damages. You sue when the other person is uninsured. That's why insurance matters. Insurance is legally required to drive in most states (New York is one of them). It's just a scam in general. If you have insurance, they go after your insurance for as much as they can. Also a claim to sue isn't actually suing. Nobody sued you, they just claimed they would twice. The threat is very common, but it actually happening is not. It's all very overblown, like the McDonald's coffee incident. > In Europe the most likely response to such a minimal accident would be two parties getting out of their car, assessing the damage - if any - filling out a form and getting on with their day after taking some pictures and shaking hands. Is there no form of insurance at all in Europe? You just take the damage to your car and deal with it? What if you're too badly injured to get out of the car and shake hands?

jacquesm 9y ago
> You sue when the other person is uninsured. That's why insurance matters. Insurance is legally required to drive in most states (New York is one of them). Well, or you don't. See, that was the point. Being insured or not is not relevant, it is relevant for the other party but seeing an accident as an avenue to a payday is a fairly uniquely American thing. So whether you claim from the other party or from the insurance company is immaterial, the point is the claim, not the way in which the claim is eventually settled. > Is there no form of insurance at all in Europe? Insurance is mandatory, hence the 'filling out a form'.
- khedoros1 9y ago
  > Insurance is mandatory, hence the 'filling out a form'. What's the result if the other driver is driving without insurance, despite it being mandatory? Or if they don't carry enough insurance to cover the costs of the accident (or is this not a problem)? There are a total of 3 states that don't require insurance, and there are another 2 that have laughably low minimum coverage requirements. It's still relatively common for people to drive illegally (e.g. borrowing a family member's car).
  - jacquesm 9y ago
    > What's the result if the other driver is driving without insurance, despite it being mandatory? In some countries there are pools that you can tap into if the other party is not insured.
- squeaky-clean 9y ago
  > Well, or you don't. See, that was the point. No. You do. Otherwise you're not reporting the accident and eating the repair bills yourself. Unless you live in a no-fault state, in which case your insurance only ever applies to yourself and damages from other drivers to you are covered by your own insurance. Otherwise, whomever is at fault (and their insurance by proxy) are responsible for damages caused to the other driver and their vehicle. You can choose to not press charges, but that only means you're going to pay for the full repair bill out of pocket. You also can't take money that doesn't exist. So someone without insurance likely doesn't have a huge savings to pull from. Which is why underinsured and uninsured motorist coverage is available. > Insurance is mandatory, hence the 'filling out a form'. Insurance is mandatory in the states too. But that doesn't mean people never drive uninsured, I'm sure it's the same in the EU. What happens if an uninsured driver hits you? You pay the bill entirely out of your own pocket with no repercussions for the uninsured? Again, from one of the top results of your Google search earlier > There is no guarantee that an insurance adjuster will pay out on your claim. There is no guarantee that the person who caused the accident will even have insurance. You may have to file a personal injury lawsuit to facilitate collection of your damages. > In no-fault states, pursuing a lawsuit for a whiplash injury can be difficult due to threshold injury and damage requirements. In states not governed by no-fault law, you may be able to file a lawsuit as a matter of right. Should
- cnorthwood 9y ago
  > Insurance is mandatory in the states too. But that doesn't mean people never drive uninsured, I'm sure it's the same in the EU. What happens if an uninsured driver hits you? You pay the bill entirely out of your own pocket with no repercussions for the uninsured? It depends on the level of insurance you have. If you have "third-party" insurance (the legal minimum), then that doesn't cover any of your costs. Comprehensive insurance is more common which will cover all your costs (excluding an excess), however the insurance company will treat it as a "at fault" claim for you and you may lose any no claims bonus you have. The person who caused the accident will then generally get prosecuted for driving without insurance.
dragonwriter 9y ago
> You sue when the other person is uninsured. Well, if you have uninsured driver coverage, you just let your insurance handle both your compensation and collection from the uninsured driver to make themselves whole (including lawsuit, if necessary and likely to be cost effective.)
sitkack 9y ago
> McDonald's coffee incident Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment. [0] [0] https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restau...

jacquesm 9y ago

> You sue when the other person is uninsured. That's why insurance matters. Insurance is legally required to drive in most states (New York is one of them). Well, or you don't. See, that was the point. Being insured or not is not relevant, it is relevant for the other party but seeing an accident as an avenue to a payday is a fairly uniquely American thing. So whether you claim from the other party or from the insurance company is immaterial, the point is the claim, not the way in which the claim is eventually settled. > Is there no form of insurance at all in Europe? Insurance is mandatory, hence the 'filling out a form'.

khedoros1 9y ago
> Insurance is mandatory, hence the 'filling out a form'. What's the result if the other driver is driving without insurance, despite it being mandatory? Or if they don't carry enough insurance to cover the costs of the accident (or is this not a problem)? There are a total of 3 states that don't require insurance, and there are another 2 that have laughably low minimum coverage requirements. It's still relatively common for people to drive illegally (e.g. borrowing a family member's car).
- jacquesm 9y ago
  > What's the result if the other driver is driving without insurance, despite it being mandatory? In some countries there are pools that you can tap into if the other party is not insured.
squeaky-clean 9y ago
> Well, or you don't. See, that was the point. No. You do. Otherwise you're not reporting the accident and eating the repair bills yourself. Unless you live in a no-fault state, in which case your insurance only ever applies to yourself and damages from other drivers to you are covered by your own insurance. Otherwise, whomever is at fault (and their insurance by proxy) are responsible for damages caused to the other driver and their vehicle. You can choose to not press charges, but that only means you're going to pay for the full repair bill out of pocket. You also can't take money that doesn't exist. So someone without insurance likely doesn't have a huge savings to pull from. Which is why underinsured and uninsured motorist coverage is available. > Insurance is mandatory, hence the 'filling out a form'. Insurance is mandatory in the states too. But that doesn't mean people never drive uninsured, I'm sure it's the same in the EU. What happens if an uninsured driver hits you? You pay the bill entirely out of your own pocket with no repercussions for the uninsured? Again, from one of the top results of your Google search earlier > There is no guarantee that an insurance adjuster will pay out on your claim. There is no guarantee that the person who caused the accident will even have insurance. You may have to file a personal injury lawsuit to facilitate collection of your damages. > In no-fault states, pursuing a lawsuit for a whiplash injury can be difficult due to threshold injury and damage requirements. In states not governed by no-fault law, you may be able to file a lawsuit as a matter of right. Should
cnorthwood 9y ago
> Insurance is mandatory in the states too. But that doesn't mean people never drive uninsured, I'm sure it's the same in the EU. What happens if an uninsured driver hits you? You pay the bill entirely out of your own pocket with no repercussions for the uninsured? It depends on the level of insurance you have. If you have "third-party" insurance (the legal minimum), then that doesn't cover any of your costs. Comprehensive insurance is more common which will cover all your costs (excluding an excess), however the insurance company will treat it as a "at fault" claim for you and you may lose any no claims bonus you have. The person who caused the accident will then generally get prosecuted for driving without insurance.

dragonwriter 9y ago

> You sue when the other person is uninsured. Well, if you have uninsured driver coverage, you just let your insurance handle both your compensation and collection from the uninsured driver to make themselves whole (including lawsuit, if necessary and likely to be cost effective.)

sitkack 9y ago

> McDonald's coffee incident Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment. [0] [0] https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restaurants https://en.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Restau...