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Thread: No duty to protect and no duty to pay for damages

  1. #1
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    http://fredericksburg.com/News/FLS/2...5052007/281536

    VSP insurance carrier denying claim for significant damages to private property caused by trooper's crash.
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    State Researcher lockman's Avatar
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    No duty to protect you. Now, no responsibillity to compensate for actual damages caused to your person or property by police actions. I don't know where to go with this one.


    edited out extra word.

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    Founder's Club Member Hawkflyer's Avatar
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    It does not seem like too much for the state to cover the difference between what the guys homeowners policy will cover and the actual cost for repairs.

    But then again this is what happens if you don't keep your house leashed and it runs out in traffic.

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    I have never heard that before.

    So if this guy did not have any insurance.... he would be out $60,000 for what the state did.

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    It would seem. At a minimum, he's out the deductible on his homeowners and auto insurance.

    Here's the FLS's original report of the crash.
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    Founder's Club Member Hawkflyer's Avatar
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    LEO 229 wrote:
    I have never heard that before.

    So if this guy did not have any insurance.... he would be out $60,000 for what the state did.
    Aayup
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    I thought theLAW REAQUIRED the driver to MAINTAIN control of their vehicle at ALL TIMES LEO or not?? However, because this is the day and age of not taking responsibility for one’s actions why should anyone be suprised.

    And before anyone starts on me about high speed driving, I have been through the EVOC course several times.:P

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    Are youkidding me?!?! This is ridiculous, saying that the officer was not grossly neglegent, and he was in emergency duty mode? Ha! What a crock this one is, so if you are only a little bit neglegent it is okay.

    I don't know what the law is there, but I would say go after the trooper directly if you can't fight the department, even if he was in the scope of his job.

    By the way, I dont know where it is elsewhere, but around here cops drive like they own the god damn road, on their cell phones, computers, donuts, etc... To say you have governmental immunity is a joke!

    But, this may turn out like a lot of health insurance cases, they bs you at first, but after a couple of attempts and maybe a lawyer they finally pony up and pay you off, I hope this is what happens here, this man does not deserve to have his own insurance pay for this, and if they do, they should go after the department to recoup their losses.

    I am fine with the man causing an accident, it very well may be one, but to not take responsibility for their actions is ridiculous.

    I wonder what their insurance does cover?


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    Founder's Club Member Hawkflyer's Avatar
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    What is interesting about this is that while the police have no specific duty to protect anyone or anything in particular, they do have a duty to protect property. Clearly driving your car into a mans house (no matter the cause) is NOT protecting the property in the community, and it should attach liability to the act.

    I would bet that if this guys insurance company sued they would win. All insurance companies start off with "not my problem"

    Regards
    "Research has shown that a 230 grain lead pellet placed just behind the ear at 850 FPS results in a permanent cure for violent criminal behavior."
    "If you are not getting Flak, you are not over the target"
    "186,000 Miles per second! ... Not just a good idea ... It's the law!"

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    SFDoc wrote:

    I thought theLAW REAQUIRED the driver to MAINTAIN control of their vehicle at ALL TIMES LEO or not?? However, because this is the day and age of not taking responsibility for one’s actions why should anyone be suprised.

    And before anyone starts on me about high speed driving, I have been through the EVOC course several times.:P
    When you have your emergency equipment activated... you are permitted to disobey many state laws regarding speed, lights, signs, and traffic direction.

    You are expectedto maintain control of the vehicle and not out-drive it too.

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    State Researcher HankT's Avatar
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    LEO 229 wrote:
    When you have your emergency equipment activated... you are permitted to disobey many state laws regarding speed, lights, signs, and traffic direction.
    'You really shouldn't do that. You might kill somebody.'

    :P

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    Insurance won't have to pay; neither will the state. It was an act of "God."
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    HankT wrote:
    LEO 229 wrote:
    When you have your emergency equipment activated... you are permitted to disobey many state laws regarding speed, lights, signs, and traffic direction.
    'You really shouldn't do that. You might kill somebody.'

    :P
    Hey! No stealing my line!

  14. #14
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    LEO 229 wrote:
    When you have your emergency equipment activated... you are permitted to disobey many state laws regarding speed, lights, signs, and traffic direction.

    You are expectedto maintain control of the vehicle and not out-drive it too.





    Regarless, you still have a duty to be safe while doing so, I do not care how many ***** house lights you have atop your carriage, you still need to be safe while doing so.

    I could see if another drive pulled out or did not stop and caused an accident, but this man was in a HOUSE, houses do not move!

    I hope they follow up on this story.

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    I do believe that I would be looking into an all out legal assault:
    One against the state
    One against the county’s BOS
    One against the PD
    One against the directly responsible officer.
    Sure it would cost a hefty dime to actually carry out all of this but it doesn't cost much (considering what is at stake) to start the paper work and withdraw prior to any hearings.... especially after the media gets their hands on it. It is sad that one must waste the courts time to make things right when it should be handled correctly by default.

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    Now, I'm not being trollish when I say this and I have the utmost respect for our LE community, but it seems almost like nowadays the LE community is doing more and more to alienate itself from the civilian community. It's a trend that disturbs me since I, (not having much interaction with LEOs to date) remember the positive, smiling, friendly public servant image portrayed to us of police officers when I was in school.

    However, in defense of the LE community, I wonder if it's similar to how the 2A community is portrayed. I.e. more negative things making it into the mass media than positive.

    Nevertheless, I'm always someone who gives people the benefit of the doubt. In the words of George W. Bush (paraphrased): "We have an old saying in Texas that goes: 'Fool me once, shame on...shame on ..... you'. 'Fool me twice'.....well, you can't get fooled again."

    I hope the innocent homeowner gets some compensation for any and all damages. I can understand the permission to violate laws like speeding, signs and lights in the pursuit of justice, but I feel comfortable saying that because I think LEOs go thorugh special vehicle training that enables them to handle high-speed and dangerous situations. I would think that if a police officer, having this type of training should be held accountable not for the laws he broke that caused the crash (excessive speed, etc), but should absolutely be held accountable for losing control of the vehicle in a situation he was TRAINED and CERTIFIED to be able to handle. If his actions caused the cruiser to lose control, then he exceeded the boundaries of his training and used poor judement or NEGLIGENCE in his decision making. For that he AND the state he represents should be held accountable.

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    Regular Member vt357's Avatar
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    72Malibu wrote:
    Now, I'm not being trollish when I say this and I have the utmost respect for our LE community, but it seems almost like nowadays the LE community is doing more and more to alienate itself from the civilian community. It's a trend that disturbs me since I, (not having much interaction with LEOs to date) remember the positive, smiling, friendly public servant image portrayed to us of police officers when I was in school.
    However, in defense of the LE community, I wonder if it's similar to how the 2A community is portrayed. I.e. more negative things making it into the mass media than positive.
    I actually think that LE isn't doing anything worse (in fact in some areas I think they have improved). The bad stuff is just being reported much more. There will always be bad apples in the bunch, but the difference is that the press and the public in general no longer have a good opinion of LE. They rarely report the good stories and jump all over a LEO that messes up.

    That said, this insurance claim denial is bogus. I hope he sues because he will win. But I also hope he only sues for damages and not for millions of dollars - I hate how this country has become lawsuit happy.

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