Actually, what it will do is force most suits that happen today into binding arbitration. Franz would have probably come out much better that way and there is probably a clause in the insurance that allows it.
I got nailed that same way when my son was in an accident that was clearly caused by a County road crew. My best witness was the State Trooper that investigated the accident.
My insurance company had some type of deal with the county's insurer that caused my insurer to pay all the costs associated with the accident and get reimbursed a set amount by the county. But that meant that my son had to pay his deductible AND he had a chargeable event against his insurance. Bad news for a teenaged boy.
I demanded third party arbitration, as allowed in my insurance contract, and got it. In the end, my son did not pay anything, his car was fixed and he had no chargeable event on his record. I don't care what agreement they had with the other company.
The few that might get shafted by a loser pays system is nothing compared to the millions getting shafted by the current system. The woman that got 6mil for hot coffee in her lap didn't get 6mil of McDonalds money. She got 6mil of everyone's money that eats at McDonalds. She got the money of the min wage people that didn't get hired or that got layed off. She is the reason that the small shake that cost .95 cents three years ago cost $1.95 today. The reason that a large coffee that cost .60 cents three years ago cost $1.25 today. The cost of ingredients didn't go up that much over the past 3 years. The cost of doing business did.
As for incompetent doctors being protected by a loser pays system, if anyone is depending on the courts to deal with doctors they are playing ball in the wrong park. With some exceptions, civil courts don't generally punish doctors beyond monetary damages. Incompetent doctors have to be dealt with by the state medical boards that issue license to practice in that state. Criminal courts deal with criminal negligence cases.
I went to the doctor three weeks ago because I was getting some dizzy spells. My insurance company had to pay for a $1500 MRI on my head to eliminate what we already new wasn't the problem. They had to do that because the doctor has to cover his a$$. The doctor has to cover his a$$ because of the current system.
I got nailed that same way when my son was in an accident that was clearly caused by a County road crew. My best witness was the State Trooper that investigated the accident.
My insurance company had some type of deal with the county's insurer that caused my insurer to pay all the costs associated with the accident and get reimbursed a set amount by the county. But that meant that my son had to pay his deductible AND he had a chargeable event against his insurance. Bad news for a teenaged boy.
I demanded third party arbitration, as allowed in my insurance contract, and got it. In the end, my son did not pay anything, his car was fixed and he had no chargeable event on his record. I don't care what agreement they had with the other company.
The few that might get shafted by a loser pays system is nothing compared to the millions getting shafted by the current system. The woman that got 6mil for hot coffee in her lap didn't get 6mil of McDonalds money. She got 6mil of everyone's money that eats at McDonalds. She got the money of the min wage people that didn't get hired or that got layed off. She is the reason that the small shake that cost .95 cents three years ago cost $1.95 today. The reason that a large coffee that cost .60 cents three years ago cost $1.25 today. The cost of ingredients didn't go up that much over the past 3 years. The cost of doing business did.
As for incompetent doctors being protected by a loser pays system, if anyone is depending on the courts to deal with doctors they are playing ball in the wrong park. With some exceptions, civil courts don't generally punish doctors beyond monetary damages. Incompetent doctors have to be dealt with by the state medical boards that issue license to practice in that state. Criminal courts deal with criminal negligence cases.
I went to the doctor three weeks ago because I was getting some dizzy spells. My insurance company had to pay for a $1500 MRI on my head to eliminate what we already new wasn't the problem. They had to do that because the doctor has to cover his a$$. The doctor has to cover his a$$ because of the current system.
