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Matt Arey still doesn't have a boat. (NSFW)

Posted on 6/12/19 at 1:42 pm
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/12/19 at 1:42 pm
This is some bullshite.

quote:

According to the accident report, a copy of which Arey provided to BassFan, the police cruiser made a right turn at an intersection which Arey had already navigated through. The police vehicle, which had its lights and sirens engaged while in pursuit of another vehicle, made the turn at an approximate speed of 55 mph, but the driver lost control in the process, drifted into Arey’s lane and slammed into Arey’s boat. Both Arey and the officer were uninjured, but Arey’s boat and trailer suffered significant damage.


quote:

A claim for the damage done to Arey’s boat and trailer was entered and reviewed by the NCLM, which also oversees the Interlocal Risk Financing Fund of North Carolina. In a letter dated May 30, the NCLM advised Arey that his claim was denied because the officer’s actions “failed to meet the standards of gross negligence in this accident, meaning that he did not operate the vehicle in a willful, wanton, reckless manner with reckless disregard for the safety of others.”


BS
This post was edited on 6/12/19 at 3:17 pm
Posted by KemoSabe65
70605
Member since Mar 2018
5163 posts
Posted on 6/12/19 at 2:11 pm to
Lights/Sirens have right of way, look it up. Pay deductible and move along is all he can do.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/12/19 at 2:14 pm to
If he had already made the turn and was in his lane when the cop smashed in to him, then no. This is bullshite.
Posted by KemoSabe65
70605
Member since Mar 2018
5163 posts
Posted on 6/12/19 at 2:49 pm to
It's not that i disagree with you but one of my clients had the same happen and it was successfully defended. Gross negligence has to occur for anyone to win those battles. I don't think i even filed a claim since it wasn't going to go against my client.
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/12/19 at 2:53 pm to
So, if the cop took out a kid on the sidewalk then oh well?
Posted by Gatorgar
la
Member since Jan 2019
228 posts
Posted on 6/12/19 at 2:58 pm to
That’s some bullsh-t.
Posted by Clyde Tipton
Planet Earth
Member since Dec 2007
38741 posts
Posted on 6/12/19 at 3:02 pm to
quote:

Gross negligence has to occur


quote:

made the turn at an approximate speed of 55 mph
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/12/19 at 3:13 pm to
[/img]

Maybe the cop was distracted.
Posted by Motorboat
At the camp
Member since Oct 2007
22685 posts
Posted on 6/12/19 at 3:15 pm to
quote:

This is some bullshite.


Police immunity for acting and driving like a dumbass is BS. total BS.
Posted by baldona
Florida
Member since Feb 2016
20478 posts
Posted on 6/12/19 at 8:20 pm to
quote:

Lights/Sirens have right of way, look it up. Pay deductible and move along is all he can do.


What if you don’t have insurance on your boat?

I don’t have an issue with what happened, but there’s damned good reasons why the police are not supposed to pursue people at high speed unless it’s safe. If they hit something, they should absolutely have insurance to pay for the Damage.
Posted by MrLSU
Yellowstone, Val d'isere
Member since Jan 2004
25992 posts
Posted on 6/12/19 at 8:53 pm to
Did he have insurance or was he an idiot and didn't have insurance on his boat?
Posted by Janky
Team Primo
Member since Jun 2011
35957 posts
Posted on 6/12/19 at 9:20 pm to
He is a professional fisherman. They are required to have insurance. He should file with his company and let them fight for him, but the reaction from the cop’s side is BS.
Posted by KemoSabe65
70605
Member since Mar 2018
5163 posts
Posted on 6/12/19 at 9:30 pm to
Read the article, he should’ve filed a claim the day of the accident and let his insurance company subrogate the claim. He got bad or no advise or didn’t take the advise he was given. A month later the boat will be totaled and insurance will pay agreed value limits less his deductible. Me thinks ole boy is hard headed.
I also believe he should have reasonably should’ve seen or heard the vehicle that hit him prior to making his turn through the intersection.
Posted by keakar
Member since Jan 2017
30036 posts
Posted on 6/12/19 at 11:06 pm to
quote:

Police immunity for acting and driving like a dumbass is BS. total BS.


yes, yes it is but irt part of the jobs perks in that they get away with breaking the law for minor shite and they cant be sued as long as the lights and siren are on, because you supposed to get out of the way and any accident is because you didnt get out of the way.

total fricked up shite when an idiot was negligent, but as others have said, you aint winning an accident case against a cop with lights and siren on
Posted by cdaniel76
Covington, LA
Member since Feb 2008
19699 posts
Posted on 6/12/19 at 11:50 pm to
quote:

What if you don’t have insurance on your boat?


If I'm not mistaken, when trailering a boat - or anything for that matter - the trailer and trailer'd object(s) are covered under the towing vehicle's insurance.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
67488 posts
Posted on 6/13/19 at 5:53 am to
quote:

Lights/Sirens have right of way, look it up

You ever tow a boat? You ain't stopping it that easy just bc some a-hole with lights and sirens suddenly shows up and drives like a woman.
Posted by AlxTgr
Kyre Banorg
Member since Oct 2003
81645 posts
Posted on 6/13/19 at 6:37 am to
I zeroed a cop once for less than this. OTOH, I have no idea how the law reads in that state. Of course, ours is a defense, so who knows what would have happened if the other driver would have sued the cop.
Posted by dwr353
Member since Oct 2007
2130 posts
Posted on 6/13/19 at 7:41 am to
The towed vehicle is covered for liability only, not physical damage. Physical damage is covered on an Inland Marine policy ( boat insurance in this case).
Posted by doliss
Northern VA
Member since Sep 2009
988 posts
Posted on 6/13/19 at 8:16 am to
quote:

Lights/Sirens have right of way, look it up


This does not mean you can blow through a red light at an intersection while driving lights and sirens on and hit somebody and it be their fault.

Most states have a law that states drivers must yield right of way to emergency vehicles but this applies when they are moving the same direction as you. You have to (if safe to do so) slow down and move over to let them pass you, or stop out of the lanes of traffic to allow them to pass (when on a 2 lane road for example)

Don't just do a google search and assume you know what you're talking about.
Posted by Motorboat
At the camp
Member since Oct 2007
22685 posts
Posted on 6/13/19 at 8:20 am to
quote:

This does not mean you can blow through a red light at an intersection while driving lights and sirens on and hit somebody and it be their fault.


Umm in Louisiana, it means this 99% of the time.
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