MM

Mike M

29/01/2012 7:56 PM

One other thought on liability

I accidentily posted this before but as I stood behind a boom truck on
a job site an old guy lost control and slammed into me shattering both
my femurs. He only had a $100,000 in liability insurance yet
everything he owned was in family trust. I ended up settling wth my
employers underinsured motorist. I don't think that is right.

Mike M


This topic has 25 replies

SB

Steve Barker

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 1:39 PM

On 1/30/2012 11:42 AM, Mike M wrote:
> On Mon, 30 Jan 2012 06:03:38 -0500, Ed Pawlowski<[email protected]> wrote:
>
>> On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
>> <[email protected]> wrote:
>>
>>> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>>> <[email protected]> wrote:
>>>
>>>> On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>>> <[email protected]> wrote:
>>>>
>>>>> I accidentily posted this before but as I stood behind a boom truck on
>>>>> a job site an old guy lost control and slammed into me shattering both
>>>>> my femurs. He only had a $100,000 in liability insurance yet
>>>>> everything he owned was in family trust. I ended up settling wth my
>>>>> employers underinsured motorist. I don't think that is right.
>>>>
>>>> Did your attorney allow this?
>>>>
>>>> Oregon requires limited contractors to have $300k, normal contractors
>>>> need $500k. What state requires only $100k? Wouldn't the main
>>>> contractor's insurance cover the difference from the underinsured sub?
>>>
>>> I guess I didn't give enough detail, the guy that hit me had nothihg
>>> to do with the job, but all his assets were tied up in a trust. There
>>> for my employers under insured motorist policy applyied which is why
>>> contractors insurance is so high. I came out OK but it bothered me
>>> that the lawyer went for the easiest recourse.
>>>
>>> Mike M
>>
>> I'm confused. Who owned the truck? It that your employer? How is
>> the operator involved? Does he own the truck or does he work for the
>> owner of the truck? Did he hit you with the truck or the boom?
>
> My employer owned the truck, and I was on the job. I was behind the
> truck to set the outriggers. I was the operator. An 84 year old man
> got confused between the brake and gas and pinned me between his car
> and the truck. I dented 1/4" diamond plate steel. He only had
> $100,000 in liability insurance, which only covered the first week of
> hospital expense. Because the man that hit me had everything in a
> living trust they went after my employers underinsured motorist
> insurance. Though it was a workmen's compensation claim the employers
> insurance got stuck with it because it was caused by a third party,
> and they couldn't get the assets of tha man that caused it. The state
> goes after the person at fault if they can, or if you hire your own
> attorney they put a lien on the judgement.
>
> Mike M
>
>
>
> Mike M

and THAT is exactly why we have our money in Trusts.




--
Steve Barker
remove the "not" from my address to email

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 2:30 PM

On 30 Jan 2012 20:48:57 GMT, Han <[email protected]> wrote:

>"Mike Marlow" <[email protected]> wrote in news:f2aa0$4f26fd47
>[email protected]:
>
>> He was not, Han. He was driving a car that pinned Mike between his boom
>> truck and the bumper of the 84 year old's car. Mike's posts were very
>> unclear and it took some work to figure out what he was saying, but it
>> finally became clear.
>
>Mike M and Mike Marlow, it is only now clear to me. Sorry for being dense.
>That is really sad for everyone involved. I guess the old man shouldn't
>have beend driving anymore in his condition, but I know how difficult it
>can be to give up driving when that's how you get around. Dad had that
>problem and only after he almost wiped out a bicyclist did he realize it
>was time.
>
>Mike M, how are you doing now? If you care to elaborate, that is ...

Han I have far more to be happy about then to complain. Harborview
Hospital in Seattle is one of the top trauma centers in the country.
I also had a couple of the best surgeons so they saved my legs
although I'm missing a chunk of one. It's amazing one they do now. I
actually have titanium rods in both femurs & big old stainless screws
holding the head on one. I was able to start physical therapy after
one week. Used a walker by a month, and at 7 months could pretty much
walk unassisted. Now I'm not able to do what I used to, but I
consider myself lucky. Being on the job injury you still have a
little income and the medical bills get paid. Think what this does to
families that don't have their own coverage. I came out pretty well
and even paid the state back for what I cost them. I get some pain in
one leg but it's mostly from over doing things. Just expanded the
shop by 360 sq. ft and looking forward to rearranging things. Just
have to finish making up the electrical.

Mike M

LJ

Larry Jaques

in reply to Mike M on 29/01/2012 7:56 PM

29/01/2012 8:15 PM

On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
<[email protected]> wrote:

>I accidentily posted this before but as I stood behind a boom truck on
>a job site an old guy lost control and slammed into me shattering both
>my femurs. He only had a $100,000 in liability insurance yet
>everything he owned was in family trust. I ended up settling wth my
>employers underinsured motorist. I don't think that is right.

Did your attorney allow this?

Oregon requires limited contractors to have $300k, normal contractors
need $500k. What state requires only $100k? Wouldn't the main
contractor's insurance cover the difference from the underinsured sub?

--
Life is like one big Mardi Gras. But instead of showing your boobs,
show people your brain, and if they like what they see, you'll have
more beads than you know what to do with.
-- Ellen DeGeneres, Tulane Commencement Speech, 2009

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 4:49 PM

On Mon, 30 Jan 2012 18:23:16 -0500, Keith Nuttle
<[email protected]> wrote:

>On 1/30/2012 5:30 PM, Mike M wrote:
>> On 30 Jan 2012 20:48:57 GMT, Han<[email protected]> wrote:
>>
>>> "Mike Marlow"<[email protected]> wrote in news:f2aa0$4f26fd47
>>> [email protected]:
>>>
>>>> He was not, Han. He was driving a car that pinned Mike between his boom
>>>> truck and the bumper of the 84 year old's car. Mike's posts were very
>>>> unclear and it took some work to figure out what he was saying, but it
>>>> finally became clear.
>>>
>>> Mike M and Mike Marlow, it is only now clear to me. Sorry for being dense.
>>> That is really sad for everyone involved. I guess the old man shouldn't
>>> have beend driving anymore in his condition, but I know how difficult it
>>> can be to give up driving when that's how you get around. Dad had that
>>> problem and only after he almost wiped out a bicyclist did he realize it
>>> was time.
>>>
>>> Mike M, how are you doing now? If you care to elaborate, that is ...
>>
>> Han I have far more to be happy about then to complain. Harborview
>> Hospital in Seattle is one of the top trauma centers in the country.
>> I also had a couple of the best surgeons so they saved my legs
>> although I'm missing a chunk of one. It's amazing one they do now. I
>> actually have titanium rods in both femurs& big old stainless screws
>> holding the head on one. I was able to start physical therapy after
>> one week. Used a walker by a month, and at 7 months could pretty much
>> walk unassisted. Now I'm not able to do what I used to, but I
>> consider myself lucky. Being on the job injury you still have a
>> little income and the medical bills get paid. Think what this does to
>> families that don't have their own coverage. I came out pretty well
>> and even paid the state back for what I cost them. I get some pain in
>> one leg but it's mostly from over doing things. Just expanded the
>> shop by 360 sq. ft and looking forward to rearranging things. Just
>> have to finish making up the electrical.
>>
>> Mike M
>
>I am glad to hear that things worked out. Remember as you complete your
>new shop you are about to undertake an electrifying task that could mess
>up the progress you have made.

Thanks for the concern, I'm pretty comfortable around electricity as
thats why I was putting up a pole. I've been in the trade since I was
16.

Sk

Swingman

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:35 PM

On 1/30/2012 4:30 PM, Mike M wrote:

> Han I have far more to be happy about then to complain. Harborview
> Hospital in Seattle is one of the top trauma centers in the country.
> I also had a couple of the best surgeons so they saved my legs
> although I'm missing a chunk of one. It's amazing one they do now. I
> actually have titanium rods in both femurs& big old stainless screws
> holding the head on one. I was able to start physical therapy after
> one week. Used a walker by a month, and at 7 months could pretty much
> walk unassisted. Now I'm not able to do what I used to, but I
> consider myself lucky. Being on the job injury you still have a
> little income and the medical bills get paid. Think what this does to
> families that don't have their own coverage. I came out pretty well
> and even paid the state back for what I cost them. I get some pain in
> one leg but it's mostly from over doing things. Just expanded the
> shop by 360 sq. ft and looking forward to rearranging things. Just
> have to finish making up the electrical.

Hard to keep a good man down!

My hats off to you ...

--
www.eWoodShop.com
Last update: 4/15/2010
KarlCaillouet@ (the obvious)
http://gplus.to/eWoodShop

MM

"Mike Marlow"

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 8:16 PM

Swingman wrote:

>
> Hard to keep a good man down!
>

Not for a good woman...

--

-Mike-
[email protected]

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 4:53 PM

On Mon, 30 Jan 2012 18:35:20 -0600, Swingman <[email protected]> wrote:

>On 1/30/2012 4:30 PM, Mike M wrote:
>
>> Han I have far more to be happy about then to complain. Harborview
>> Hospital in Seattle is one of the top trauma centers in the country.
>> I also had a couple of the best surgeons so they saved my legs
>> although I'm missing a chunk of one. It's amazing one they do now. I
>> actually have titanium rods in both femurs& big old stainless screws
>> holding the head on one. I was able to start physical therapy after
>> one week. Used a walker by a month, and at 7 months could pretty much
>> walk unassisted. Now I'm not able to do what I used to, but I
>> consider myself lucky. Being on the job injury you still have a
>> little income and the medical bills get paid. Think what this does to
>> families that don't have their own coverage. I came out pretty well
>> and even paid the state back for what I cost them. I get some pain in
>> one leg but it's mostly from over doing things. Just expanded the
>> shop by 360 sq. ft and looking forward to rearranging things. Just
>> have to finish making up the electrical.
>
>Hard to keep a good man down!
>
>My hats off to you ...

Thanks, but after 1 week in the hospital & 5 weeks in the nursing home
I was awfully inspired to get home. Trust me if you ever stay in a
nursing home you'll never feel sorry for yourself again unless you end
up back there again.

Mike M

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

29/01/2012 10:51 PM

On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
<[email protected]> wrote:

>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
><[email protected]> wrote:
>
>>I accidentily posted this before but as I stood behind a boom truck on
>>a job site an old guy lost control and slammed into me shattering both
>>my femurs. He only had a $100,000 in liability insurance yet
>>everything he owned was in family trust. I ended up settling wth my
>>employers underinsured motorist. I don't think that is right.
>
>Did your attorney allow this?
>
>Oregon requires limited contractors to have $300k, normal contractors
>need $500k. What state requires only $100k? Wouldn't the main
>contractor's insurance cover the difference from the underinsured sub?

I wasn't injured by anyone on the job. But apparently in Washington
State you can put everything in a family trust that makes the lawyers
go after everyone else. My employer was well insured, but really had
no liability and treated me well. Keptt me on medical for over a year
knowing I couldn't come back. Then when thet settled the employers
auto insurance payed back L&I and me though they weren't at fault .
The underinsured driver was protected by his family trust.

Mike M

sS

[email protected] (Scott Lurndal)

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 4:52 PM

Ed Pawlowski <[email protected]> writes:
>On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
><[email protected]> wrote:
>
>>On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>><[email protected]> wrote:
>>
>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>><[email protected]> wrote:
>>>
>>>>I accidentily posted this before but as I stood behind a boom truck on
>>>>a job site an old guy lost control and slammed into me shattering both
>>>>my femurs. He only had a $100,000 in liability insurance yet
>>>>everything he owned was in family trust. I ended up settling wth my
>>>>employers underinsured motorist. I don't think that is right.
>>>
>>>Did your attorney allow this?
>>>
>>>Oregon requires limited contractors to have $300k, normal contractors
>>>need $500k. What state requires only $100k? Wouldn't the main
>>>contractor's insurance cover the difference from the underinsured sub?
>>
>>I guess I didn't give enough detail, the guy that hit me had nothihg
>>to do with the job, but all his assets were tied up in a trust. There
>>for my employers under insured motorist policy applyied which is why
>>contractors insurance is so high. I came out OK but it bothered me
>>that the lawyer went for the easiest recourse.
>>
>>Mike M
>
>I'm confused. Who owned the truck? It that your employer? How is
>the operator involved? Does he own the truck or does he work for the
>owner of the truck? Did he hit you with the truck or the boom?

And why were you close enough that his "mistake" could break your legs?

Are you sure you have no fault in this?

Why do you think you deserve more than USD 100,000?

Hn

Han

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 11:46 AM

Mike M <[email protected]> wrote in
news:[email protected]:

> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
> <[email protected]> wrote:
>
>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>><[email protected]> wrote:
>>
>>>I accidentily posted this before but as I stood behind a boom truck on
>>>a job site an old guy lost control and slammed into me shattering both
>>>my femurs. He only had a $100,000 in liability insurance yet
>>>everything he owned was in family trust. I ended up settling wth my
>>>employers underinsured motorist. I don't think that is right.
>>
>>Did your attorney allow this?
>>
>>Oregon requires limited contractors to have $300k, normal contractors
>>need $500k. What state requires only $100k? Wouldn't the main
>>contractor's insurance cover the difference from the underinsured sub?
>
> I wasn't injured by anyone on the job. But apparently in Washington
> State you can put everything in a family trust that makes the lawyers
> go after everyone else. My employer was well insured, but really had
> no liability and treated me well. Keptt me on medical for over a year
> knowing I couldn't come back. Then when thet settled the employers
> auto insurance payed back L&I and me though they weren't at fault .
> The underinsured driver was protected by his family trust.
>
> Mike M

I guess Washington State needs insurance reform ...

--
Best regards
Han
email address is invalid

Hn

Han

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:32 PM

Mike M <[email protected]> wrote in
news:[email protected]:

> On 30 Jan 2012 11:46:06 GMT, Han <[email protected]> wrote:
>
>>Mike M <[email protected]> wrote in
>>news:[email protected]:
>>
>>> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>>> <[email protected]> wrote:
>>>
>>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>>><[email protected]> wrote:
>>>>
>>>>>I accidentily posted this before but as I stood behind a boom truck
>>>>>on a job site an old guy lost control and slammed into me
>>>>>shattering both my femurs. He only had a $100,000 in liability
>>>>>insurance yet everything he owned was in family trust. I ended up
>>>>>settling wth my employers underinsured motorist. I don't think
>>>>>that is right.
>>>>
>>>>Did your attorney allow this?
>>>>
>>>>Oregon requires limited contractors to have $300k, normal
>>>>contractors need $500k. What state requires only $100k? Wouldn't
>>>>the main contractor's insurance cover the difference from the
>>>>underinsured sub?
>>>
>>> I wasn't injured by anyone on the job. But apparently in Washington
>>> State you can put everything in a family trust that makes the
>>> lawyers go after everyone else. My employer was well insured, but
>>> really had no liability and treated me well. Keptt me on medical
>>> for over a year knowing I couldn't come back. Then when thet
>>> settled the employers auto insurance payed back L&I and me though
>>> they weren't at fault . The underinsured driver was protected by his
>>> family trust.
>>>
>>> Mike M
>>
>>I guess Washington State needs insurance reform ...
>
> Or people need to carry adequate insurance. In this state a
> commercial contractor pretty much has to have 2-5 million in liability
> to get any contracts. They let people drive with a minimum of $25000
> in liability in this state.
>
> Mike M

I really feel for you, Mike, honestly. But as I said, WA needs
insurance reform. 25K liability isn't enough. For anyone. Why and how
an 84 year-old man was in that truck, I can't understand. Your employer
should have had better on the job safety, so yes, they should pay if 84
year-old Joe can't. IANAL, so I don't know how you could legally shield
yourself from liability in a case like this by putting your possessions
in a trust.

--
Best regards
Han
email address is invalid

Hn

Han

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 8:48 PM

"Mike Marlow" <[email protected]> wrote in news:f2aa0$4f26fd47
[email protected]:

> He was not, Han. He was driving a car that pinned Mike between his boom
> truck and the bumper of the 84 year old's car. Mike's posts were very
> unclear and it took some work to figure out what he was saying, but it
> finally became clear.

Mike M and Mike Marlow, it is only now clear to me. Sorry for being dense.
That is really sad for everyone involved. I guess the old man shouldn't
have beend driving anymore in his condition, but I know how difficult it
can be to give up driving when that's how you get around. Dad had that
problem and only after he almost wiped out a bicyclist did he realize it
was time.

Mike M, how are you doing now? If you care to elaborate, that is ...

--
Best regards
Han
email address is invalid

Hn

Han

in reply to Mike M on 29/01/2012 7:56 PM

31/01/2012 1:14 AM

Mike M <[email protected]> wrote in
news:[email protected]:

> On 30 Jan 2012 20:48:57 GMT, Han <[email protected]> wrote:
>
>>"Mike Marlow" <[email protected]> wrote in
>>news:f2aa0$4f26fd47 [email protected]:
>>
>>> He was not, Han. He was driving a car that pinned Mike between his
>>> boom truck and the bumper of the 84 year old's car. Mike's posts
>>> were very unclear and it took some work to figure out what he was
>>> saying, but it finally became clear.
>>
>>Mike M and Mike Marlow, it is only now clear to me. Sorry for being
>>dense. That is really sad for everyone involved. I guess the old man
>>shouldn't have beend driving anymore in his condition, but I know how
>>difficult it can be to give up driving when that's how you get around.
>> Dad had that problem and only after he almost wiped out a bicyclist
>>did he realize it was time.
>>
>>Mike M, how are you doing now? If you care to elaborate, that is ...
>
> Han I have far more to be happy about then to complain. Harborview
> Hospital in Seattle is one of the top trauma centers in the country.
> I also had a couple of the best surgeons so they saved my legs
> although I'm missing a chunk of one. It's amazing one they do now. I
> actually have titanium rods in both femurs & big old stainless screws
> holding the head on one. I was able to start physical therapy after
> one week. Used a walker by a month, and at 7 months could pretty much
> walk unassisted. Now I'm not able to do what I used to, but I
> consider myself lucky. Being on the job injury you still have a
> little income and the medical bills get paid. Think what this does to
> families that don't have their own coverage. I came out pretty well
> and even paid the state back for what I cost them. I get some pain in
> one leg but it's mostly from over doing things. Just expanded the
> shop by 360 sq. ft and looking forward to rearranging things. Just
> have to finish making up the electrical.
>
> Mike M

Congratulations! Both for healing so well, and for your largesse.

I broke both tibia and fibula just above the ankle in my right leg. I
was lucky to be near a hospital in Holland with an excellent trauma
surgeon (I was born Dutch, which made communication easy). With a couple
of plates and a dozen or so screws, my leg is 99% now, a year and a half
later. Insurance covered all but some $250 (but not the firstclass
airplane fare for the return trip from Paris).

--
Best regards
Han
email address is invalid

EP

Ed Pawlowski

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:03 AM

On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
<[email protected]> wrote:

>On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
><[email protected]> wrote:
>
>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>><[email protected]> wrote:
>>
>>>I accidentily posted this before but as I stood behind a boom truck on
>>>a job site an old guy lost control and slammed into me shattering both
>>>my femurs. He only had a $100,000 in liability insurance yet
>>>everything he owned was in family trust. I ended up settling wth my
>>>employers underinsured motorist. I don't think that is right.
>>
>>Did your attorney allow this?
>>
>>Oregon requires limited contractors to have $300k, normal contractors
>>need $500k. What state requires only $100k? Wouldn't the main
>>contractor's insurance cover the difference from the underinsured sub?
>
>I guess I didn't give enough detail, the guy that hit me had nothihg
>to do with the job, but all his assets were tied up in a trust. There
>for my employers under insured motorist policy applyied which is why
>contractors insurance is so high. I came out OK but it bothered me
>that the lawyer went for the easiest recourse.
>
>Mike M

I'm confused. Who owned the truck? It that your employer? How is
the operator involved? Does he own the truck or does he work for the
owner of the truck? Did he hit you with the truck or the boom?

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 9:46 AM

On 30 Jan 2012 11:46:06 GMT, Han <[email protected]> wrote:

>Mike M <[email protected]> wrote in
>news:[email protected]:
>
>> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>> <[email protected]> wrote:
>>
>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>><[email protected]> wrote:
>>>
>>>>I accidentily posted this before but as I stood behind a boom truck on
>>>>a job site an old guy lost control and slammed into me shattering both
>>>>my femurs. He only had a $100,000 in liability insurance yet
>>>>everything he owned was in family trust. I ended up settling wth my
>>>>employers underinsured motorist. I don't think that is right.
>>>
>>>Did your attorney allow this?
>>>
>>>Oregon requires limited contractors to have $300k, normal contractors
>>>need $500k. What state requires only $100k? Wouldn't the main
>>>contractor's insurance cover the difference from the underinsured sub?
>>
>> I wasn't injured by anyone on the job. But apparently in Washington
>> State you can put everything in a family trust that makes the lawyers
>> go after everyone else. My employer was well insured, but really had
>> no liability and treated me well. Keptt me on medical for over a year
>> knowing I couldn't come back. Then when thet settled the employers
>> auto insurance payed back L&I and me though they weren't at fault .
>> The underinsured driver was protected by his family trust.
>>
>> Mike M
>
>I guess Washington State needs insurance reform ...

Or people need to carry adequate insurance. In this state a
commercial contractor pretty much has to have 2-5 million in liability
to get any contracts. They let people drive with a minimum of $25000
in liability in this state.

Mike M

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 9:42 AM

On Mon, 30 Jan 2012 06:03:38 -0500, Ed Pawlowski <[email protected]> wrote:

>On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
><[email protected]> wrote:
>
>>On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>><[email protected]> wrote:
>>
>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>><[email protected]> wrote:
>>>
>>>>I accidentily posted this before but as I stood behind a boom truck on
>>>>a job site an old guy lost control and slammed into me shattering both
>>>>my femurs. He only had a $100,000 in liability insurance yet
>>>>everything he owned was in family trust. I ended up settling wth my
>>>>employers underinsured motorist. I don't think that is right.
>>>
>>>Did your attorney allow this?
>>>
>>>Oregon requires limited contractors to have $300k, normal contractors
>>>need $500k. What state requires only $100k? Wouldn't the main
>>>contractor's insurance cover the difference from the underinsured sub?
>>
>>I guess I didn't give enough detail, the guy that hit me had nothihg
>>to do with the job, but all his assets were tied up in a trust. There
>>for my employers under insured motorist policy applyied which is why
>>contractors insurance is so high. I came out OK but it bothered me
>>that the lawyer went for the easiest recourse.
>>
>>Mike M
>
>I'm confused. Who owned the truck? It that your employer? How is
>the operator involved? Does he own the truck or does he work for the
>owner of the truck? Did he hit you with the truck or the boom?

My employer owned the truck, and I was on the job. I was behind the
truck to set the outriggers. I was the operator. An 84 year old man
got confused between the brake and gas and pinned me between his car
and the truck. I dented 1/4" diamond plate steel. He only had
$100,000 in liability insurance, which only covered the first week of
hospital expense. Because the man that hit me had everything in a
living trust they went after my employers underinsured motorist
insurance. Though it was a workmen's compensation claim the employers
insurance got stuck with it because it was caused by a third party,
and they couldn't get the assets of tha man that caused it. The state
goes after the person at fault if they can, or if you hire your own
attorney they put a lien on the judgement.

Mike M



Mike M

MM

"Mike Marlow"

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 3:24 PM

Han wrote:

>
> I really feel for you, Mike, honestly. But as I said, WA needs
> insurance reform. 25K liability isn't enough. For anyone. Why and
> how an 84 year-old man was in that truck, I can't understand.

He was not Han. He was driving a car that pinned Mike between his boom
truck and the bumper of the 84 year old's car. Mike's posts were very
unclear and it took some work to figure out what he was saying, but it
finally became clear.


--

-Mike-
[email protected]

LJ

Larry Jaques

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:10 AM

On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
<[email protected]> wrote:

>On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
><[email protected]> wrote:
>
>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>><[email protected]> wrote:
>>
>>>I accidentily posted this before but as I stood behind a boom truck on
>>>a job site an old guy lost control and slammed into me shattering both
>>>my femurs. He only had a $100,000 in liability insurance yet
>>>everything he owned was in family trust. I ended up settling wth my
>>>employers underinsured motorist. I don't think that is right.
>>
>>Did your attorney allow this?
>>
>>Oregon requires limited contractors to have $300k, normal contractors
>>need $500k. What state requires only $100k? Wouldn't the main
>>contractor's insurance cover the difference from the underinsured sub?
>
>I guess I didn't give enough detail, the guy that hit me had nothihg
>to do with the job, but all his assets were tied up in a trust. There
>for my employers under insured motorist policy applyied which is why
>contractors insurance is so high.

You must still be on meds. (condolences, BTW) Um, what was a boom
truck doing onsite if it wasn't part of the job? And why would your
boss' insurance be applicable if the driver wasn't part of the job?


>I came out OK but it bothered me
>that the lawyer went for the easiest recourse.

Grok that.

--
Life is like one big Mardi Gras. But instead of showing your boobs,
show people your brain, and if they like what they see, you'll have
more beads than you know what to do with.
-- Ellen DeGeneres, Tulane Commencement Speech, 2009

KN

Keith Nuttle

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:19 PM

On 1/30/2012 2:39 PM, Steve Barker wrote:
> On 1/30/2012 11:42 AM, Mike M wrote:
>> On Mon, 30 Jan 2012 06:03:38 -0500, Ed Pawlowski<[email protected]> wrote:
>>
>>> On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
>>> <[email protected]> wrote:
>>>
>>>> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>>>> <[email protected]> wrote:
>>>>
>>>>> On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>>>> <[email protected]> wrote:
>>>>>
>>>>>> I accidentily posted this before but as I stood behind a boom
>>>>>> truck on
>>>>>> a job site an old guy lost control and slammed into me shattering
>>>>>> both
>>>>>> my femurs. He only had a $100,000 in liability insurance yet
>>>>>> everything he owned was in family trust. I ended up settling wth my
>>>>>> employers underinsured motorist. I don't think that is right.
>>>>>
>>>>> Did your attorney allow this?
>>>>>
>>>>> Oregon requires limited contractors to have $300k, normal contractors
>>>>> need $500k. What state requires only $100k? Wouldn't the main
>>>>> contractor's insurance cover the difference from the underinsured sub?
>>>>
>>>> I guess I didn't give enough detail, the guy that hit me had nothihg
>>>> to do with the job, but all his assets were tied up in a trust. There
>>>> for my employers under insured motorist policy applyied which is why
>>>> contractors insurance is so high. I came out OK but it bothered me
>>>> that the lawyer went for the easiest recourse.
>>>>
>>>> Mike M
>>>
>>> I'm confused. Who owned the truck? It that your employer? How is
>>> the operator involved? Does he own the truck or does he work for the
>>> owner of the truck? Did he hit you with the truck or the boom?
>>
>> My employer owned the truck, and I was on the job. I was behind the
>> truck to set the outriggers. I was the operator. An 84 year old man
>> got confused between the brake and gas and pinned me between his car
>> and the truck. I dented 1/4" diamond plate steel. He only had
>> $100,000 in liability insurance, which only covered the first week of
>> hospital expense. Because the man that hit me had everything in a
>> living trust they went after my employers underinsured motorist
>> insurance. Though it was a workmen's compensation claim the employers
>> insurance got stuck with it because it was caused by a third party,
>> and they couldn't get the assets of tha man that caused it. The state
>> goes after the person at fault if they can, or if you hire your own
>> attorney they put a lien on the judgement.
>>
>> Mike M
>>
>>
>>
>> Mike M
>
> and THAT is exactly why we have our money in Trusts.
>
>

In this case it appears the trust was misused, and the person was
significantly under insured.

However trusts for the elderly are a good thing. Under our laws if a
person is forced into a nursing home, the family can loose everything,
even if the nursing home stay is only for a short time. Under this
scenario after a given period the person will not have the financial
ability to leave the nursing home since all of his assets will have been
used to provide his care. He may then be forced to live the rest of his
life in a nursing home. It happened to my grandmother who ended up
spending over 20 years in a nursing home.

In Indiana, if you have an approved long term care insurance policy that
covers a state approved length in the nursing home care, once you have
expended the policy, Indiana will not force you to liquidate your asset
to continue to stay in the nursing home.

While it seems like a lot of money, in Indiana, long term care is an
insurance policy to protect the assets that you have accumulated, and
provide your wife the funds she needs so she can live her remaining life
in her own home.


KN

Keith Nuttle

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 6:23 PM

On 1/30/2012 5:30 PM, Mike M wrote:
> On 30 Jan 2012 20:48:57 GMT, Han<[email protected]> wrote:
>
>> "Mike Marlow"<[email protected]> wrote in news:f2aa0$4f26fd47
>> [email protected]:
>>
>>> He was not, Han. He was driving a car that pinned Mike between his boom
>>> truck and the bumper of the 84 year old's car. Mike's posts were very
>>> unclear and it took some work to figure out what he was saying, but it
>>> finally became clear.
>>
>> Mike M and Mike Marlow, it is only now clear to me. Sorry for being dense.
>> That is really sad for everyone involved. I guess the old man shouldn't
>> have beend driving anymore in his condition, but I know how difficult it
>> can be to give up driving when that's how you get around. Dad had that
>> problem and only after he almost wiped out a bicyclist did he realize it
>> was time.
>>
>> Mike M, how are you doing now? If you care to elaborate, that is ...
>
> Han I have far more to be happy about then to complain. Harborview
> Hospital in Seattle is one of the top trauma centers in the country.
> I also had a couple of the best surgeons so they saved my legs
> although I'm missing a chunk of one. It's amazing one they do now. I
> actually have titanium rods in both femurs& big old stainless screws
> holding the head on one. I was able to start physical therapy after
> one week. Used a walker by a month, and at 7 months could pretty much
> walk unassisted. Now I'm not able to do what I used to, but I
> consider myself lucky. Being on the job injury you still have a
> little income and the medical bills get paid. Think what this does to
> families that don't have their own coverage. I came out pretty well
> and even paid the state back for what I cost them. I get some pain in
> one leg but it's mostly from over doing things. Just expanded the
> shop by 360 sq. ft and looking forward to rearranging things. Just
> have to finish making up the electrical.
>
> Mike M

I am glad to hear that things worked out. Remember as you complete your
new shop you are about to undertake an electrifying task that could mess
up the progress you have made.

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

29/01/2012 10:44 PM

On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
<[email protected]> wrote:

>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
><[email protected]> wrote:
>
>>I accidentily posted this before but as I stood behind a boom truck on
>>a job site an old guy lost control and slammed into me shattering both
>>my femurs. He only had a $100,000 in liability insurance yet
>>everything he owned was in family trust. I ended up settling wth my
>>employers underinsured motorist. I don't think that is right.
>
>Did your attorney allow this?
>
>Oregon requires limited contractors to have $300k, normal contractors
>need $500k. What state requires only $100k? Wouldn't the main
>contractor's insurance cover the difference from the underinsured sub?

I guess I didn't give enough detail, the guy that hit me had nothihg
to do with the job, but all his assets were tied up in a trust. There
for my employers under insured motorist policy applyied which is why
contractors insurance is so high. I came out OK but it bothered me
that the lawyer went for the easiest recourse.

Mike M

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 10:58 AM

On 30 Jan 2012 18:32:26 GMT, Han <[email protected]> wrote:

>Mike M <[email protected]> wrote in
>news:[email protected]:
>
>> On 30 Jan 2012 11:46:06 GMT, Han <[email protected]> wrote:
>>
>>>Mike M <[email protected]> wrote in
>>>news:[email protected]:
>>>
>>>> On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>>>> <[email protected]> wrote:
>>>>
>>>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>>>><[email protected]> wrote:
>>>>>
>>>>>>I accidentily posted this before but as I stood behind a boom truck
>>>>>>on a job site an old guy lost control and slammed into me
>>>>>>shattering both my femurs. He only had a $100,000 in liability
>>>>>>insurance yet everything he owned was in family trust. I ended up
>>>>>>settling wth my employers underinsured motorist. I don't think
>>>>>>that is right.
>>>>>
>>>>>Did your attorney allow this?
>>>>>
>>>>>Oregon requires limited contractors to have $300k, normal
>>>>>contractors need $500k. What state requires only $100k? Wouldn't
>>>>>the main contractor's insurance cover the difference from the
>>>>>underinsured sub?
>>>>
>>>> I wasn't injured by anyone on the job. But apparently in Washington
>>>> State you can put everything in a family trust that makes the
>>>> lawyers go after everyone else. My employer was well insured, but
>>>> really had no liability and treated me well. Keptt me on medical
>>>> for over a year knowing I couldn't come back. Then when thet
>>>> settled the employers auto insurance payed back L&I and me though
>>>> they weren't at fault . The underinsured driver was protected by his
>>>> family trust.
>>>>
>>>> Mike M
>>>
>>>I guess Washington State needs insurance reform ...
>>
>> Or people need to carry adequate insurance. In this state a
>> commercial contractor pretty much has to have 2-5 million in liability
>> to get any contracts. They let people drive with a minimum of $25000
>> in liability in this state.
>>
>> Mike M
>
>I really feel for you, Mike, honestly. But as I said, WA needs
>insurance reform. 25K liability isn't enough. For anyone. Why and how
>an 84 year-old man was in that truck, I can't understand. Your employer
>should have had better on the job safety, so yes, they should pay if 84
>year-old Joe can't. IANAL, so I don't know how you could legally shield
>yourself from liability in a case like this by putting your possessions
>in a trust.

I was on a job installing a pole, with the truck, the 84 year old hit
me with his car and pinned me to the truck.

EP

Ed Pawlowski

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 10:20 PM

On Mon, 30 Jan 2012 09:42:32 -0800, Mike M
<[email protected]> wrote:



>>>>>I accidentily posted this before but as I stood behind a boom truck on
>>>>>a job site an old guy lost control and slammed into me shattering both
>>>>>my femurs. He only had a $100,000 in liability insurance yet
>>>>>everything he owned was in family trust. I ended up settling wth my
>>>>>employers underinsured motorist. I don't think that is right.



>>
>>I'm confused. Who owned the truck? It that your employer? How is
>>the operator involved? Does he own the truck or does he work for the
>>owner of the truck? Did he hit you with the truck or the boom?
>
>My employer owned the truck, and I was on the job. I was behind the
>truck to set the outriggers. I was the operator. An 84 year old man
>got confused between the brake and gas and pinned me between his car
>and the truck. I dented 1/4" diamond plate steel. He only had
>$100,000 in liability insurance, which only covered the first week of
>hospital expense. Because the man that hit me had everything in a
>living trust they went after my employers underinsured motorist
>insurance. Though it was a workmen's compensation claim the employers
>insurance got stuck with it because it was caused by a third party,
>and they couldn't get the assets of tha man that caused it. The state
>goes after the person at fault if they can, or if you hire your own
>attorney they put a lien on the judgement.
>
>Mike M
>
OK, now I understand. Lawyers will grab anything available. One the
old guy was tapped out, the next logical money pile would be your
employer. Even though the old guy caused the problem, you were on the
job and were injured while working. I can see Workman's Comp paying
for that.

Du

Dave

in reply to Mike M on 29/01/2012 7:56 PM

31/01/2012 12:44 AM

On Mon, 30 Jan 2012 22:20:27 -0500, Ed Pawlowski <[email protected]> wrote:
>old guy was tapped out, the next logical money pile would be your
>employer. Even though the old guy caused the problem, you were on the
>job and were injured while working. I can see Workman's Comp paying
>for that.

Of course. It's not all that different from a wife riding on the back
of a motorcycle with her husband. They have an accident, the wife is
injured and the wife sues the husband. It happens all the time since
it's the only compensation that's available.

MM

Mike M

in reply to Mike M on 29/01/2012 7:56 PM

30/01/2012 11:09 AM

On 30 Jan 2012 16:52:55 GMT, [email protected] (Scott Lurndal)
wrote:

>Ed Pawlowski <[email protected]> writes:
>>On Sun, 29 Jan 2012 22:44:28 -0800, Mike M
>><[email protected]> wrote:
>>
>>>On Sun, 29 Jan 2012 20:15:19 -0800, Larry Jaques
>>><[email protected]> wrote:
>>>
>>>>On Sun, 29 Jan 2012 19:56:20 -0800, Mike M
>>>><[email protected]> wrote:
>>>>
>>>>>I accidentily posted this before but as I stood behind a boom truck on
>>>>>a job site an old guy lost control and slammed into me shattering both
>>>>>my femurs. He only had a $100,000 in liability insurance yet
>>>>>everything he owned was in family trust. I ended up settling wth my
>>>>>employers underinsured motorist. I don't think that is right.
>>>>
>>>>Did your attorney allow this?
>>>>
>>>>Oregon requires limited contractors to have $300k, normal contractors
>>>>need $500k. What state requires only $100k? Wouldn't the main
>>>>contractor's insurance cover the difference from the underinsured sub?
>>>
>>>I guess I didn't give enough detail, the guy that hit me had nothihg
>>>to do with the job, but all his assets were tied up in a trust. There
>>>for my employers under insured motorist policy applyied which is why
>>>contractors insurance is so high. I came out OK but it bothered me
>>>that the lawyer went for the easiest recourse.
>>>
>>>Mike M
>>
>>I'm confused. Who owned the truck? It that your employer? How is
>>the operator involved? Does he own the truck or does he work for the
>>owner of the truck? Did he hit you with the truck or the boom?
>
>And why were you close enough that his "mistake" could break your legs?
>
>Are you sure you have no fault in this?
>
>Why do you think you deserve more than USD 100,000?

Well it's kind of hard to operate a boom truck if your not right
there, and I wasn't in the roadway, the 84 year old had prostate
cancer & luekemia and lost control 60' away from me and crossed into a
parking lot area where we were working. My medical bills were closer
to $200,000, then there were lost wages for a year before being
declared permantly disabled.

Mike M


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