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Janky
LSU Fan
Team Primo
Member since Jun 2011
25372 posts

Matt Arey still doesn't have a boat. (NSFW)
This is some bull shite.

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 at 3:17 pm


KemoSabe65
Member since Mar 2018
1400 posts

re: Matt Arey still doesn't have a boat. (NSFW)
Lights/Sirens have right of way, look it up. Pay deductible and move along is all he can do.


Janky
LSU Fan
Team Primo
Member since Jun 2011
25372 posts

re: Matt Arey still doesn't have a boat. (NSFW)
If he had already made the turn and was in his lane when the cop smashed in to him, then no. This is bull shite.


KemoSabe65
Member since Mar 2018
1400 posts

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


Janky
LSU Fan
Team Primo
Member since Jun 2011
25372 posts

re: Matt Arey still doesn't have a boat. (NSFW)
So, if the cop took out a kid on the sidewalk then oh well?


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190
Gatorgar
LSU Fan
la
Member since Jan 2019
175 posts

re: Matt Arey still doesn't have a boat. (NSFW)
That’s some bullsh-t.


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Clyde Tipton
LSU Fan
Planet Earth
Member since Dec 2007
35053 posts

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

Gross negligence has to occur


quote:

made the turn at an approximate speed of 55 mph


Janky
LSU Fan
Team Primo
Member since Jun 2011
25372 posts

re: Matt Arey still doesn't have a boat. (NSFW)
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Maybe the cop was distracted.


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270
Motorboat
LSU Fan
At the camp
Member since Oct 2007
18926 posts

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

This is some bull shite.


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


baldona
Auburn Fan
Florida
Member since Feb 2016
9432 posts
 Online 

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


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MrLSU
LSU Fan
New York/New Orleans/Melbourne/30A
Member since Jan 2004
11166 posts

re: Matt Arey still doesn't have a boat. (NSFW)
Did he have insurance or was he an idiot and didn't have insurance on his boat?


Janky
LSU Fan
Team Primo
Member since Jun 2011
25372 posts

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


KemoSabe65
Member since Mar 2018
1400 posts

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


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07
keakar
Member since Jan 2017
9881 posts

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


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10
cdaniel76
New Orleans Saints Fan
Mandeville, LA
Member since Feb 2008
18823 posts

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


Wtodd
Missouri Fan
Tampa, FL
Member since Oct 2013
43501 posts

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


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62
AlxTgr
LSU Fan
Kyre Banorg
Member since Oct 2003
63163 posts

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


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dwr353
LSU Fan
Member since Oct 2007
1734 posts

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


doliss
LSU Fan
Leesburg, VA
Member since Sep 2009
573 posts

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


Motorboat
LSU Fan
At the camp
Member since Oct 2007
18926 posts

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