JD3520+ICY ROAD+CHEVYSUBURBAN=

NewToy · Mar 14, 2008

MikePA said:
In a criminal proceeding, which was my entire point, someone's prior bad acts are irrelevant as is their history of being negligent behind the wheel and their driving record. Someone's driving record, or criminal record, might be considered at sentencing or when determining insurance rates but not when guilt or innocent is being determined

A investigator can't look at an incident like this and say, "Mr. Suburban has more accidents, is known to drive off the road, and has had other accidents at this same location, therefore he must be at fault (or more at fault) this time."

BTW, I wasn't talking about a CRIMINAL case but a civil proceeding in which the judge would hear of past transgressions by the offending driver. To recieve monetary compensation the case would have to be dealt with in CIVIL court. Due to different standards of evidence you could possibly be exonerated of any criminal liability and still be held liable in a civil proceeding.
(Remember OJ ? )
Regards,
John

jimmer2880 · Mar 14, 2008

Dirt - I am praying for you. Hope you don't give up the fight. Please keep us posted.

toddler · Mar 25, 2008

Any word yet on who's going to wind up paying for the tractor repairs?

AndyMA · Mar 25, 2008

tallyho8 said:
In Louisiana and many other states, if you make 2 claims on your homeowners insurance within 3 years, they will usually refuse to renew you. Then the only policies you can get cost much more.

Most homeowners policies do not ask you if you have a tractor. When they find out you do through a reported claim, they may deem it an increased risk and raise or fail to renew your policy.

Much worse than that in some areas, I've just been trying to get homeowners insurance and the policies are rated based on credit score, insurance score, and any loses in last 5 years. Sometimes just one loss is enough to get a policy cancelled. In many costal areas people that have had no losses for 20 years are being forced into very hich cost high risk pools.'

Andy

AndyMA · Mar 25, 2008

I think you need to count your blessings.
If this accident had happened in either Mass where you can't operate an uninsured tractor without plates and Conn where you can only go from your farm to fields or for service operating on the road is just plain illegal. It's my understanding that illegal operation makes you at fault.
Andy

dirtworksequip · Mar 26, 2008

CAN'T COMMENT RIGHT NOW! THE END.

Sincerely, Dirt

gemini5362 · Mar 26, 2008

I think that dirt is trying to politely tell us that we need to let this thread drop. Hopefully when the whole episode is finished he will take the time to come back and tell us what happened.