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Thread: My Sister had an unwelcome visitor

  1. #1
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    My Sister had an unwelcome visitor

    carols house.jpeg

    Doesn't look too bad from the photo, but since it's a split level, it took out part of the basement wall and the rim joist supporting the first level floor joists, and a water line to boot. Quite a bit of structural damage, not to mention the mess.

    Fortunately, no one was hurt, including the driver.

    According to a neighbor who happened to be sitting outside on her porch at the time, the driver went up over the curb to the right, swiped a tree, and then over-corrected, crossed over to the left, up over the other curb and across the yard into my sister's house, all without finding the brake, apparently. Police believe there were no drugs or alcohol involved, but that the middle-aged, female driver was texting at the time.
    --I had my patience tested. I'm negative--

  2. #2
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    Took me a while to figure out the minivan crashed into the house! Talk about unexpected!

  3. #3
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    A little framing and some siding and you could make a nice play room or greenhouse out of the new addition.

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    And now you know why I gave up street bikes.........

  5. #5
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    Good that no one was hurt. I hope the driver has adequate insurance and that text was absolutely time critical 'cause it's gonna be expensive.
    Last edited by Curt Harms; 07-10-2020 at 10:31 AM.

  6. #6
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    Quote Originally Posted by Curt Harms View Post
    Good that no one was hurt. I hope the driver has adequate insurance and that text was absolutely time critical 'cause it's gonna be expensive.
    Disagree, I hope her insurance company refuses the claim, that will teach her not to text while driving. Up here it is illegal to use any handheld device while driving. Not sure if insurance companies can refuse claim but they can increase your premiums and you can be fined.

  7. #7
    " driver was texting at the time"

    Im betting it was "later, Susan...gotta brace for impact , bye."

  8. #8
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    Quote Originally Posted by Doug Garson View Post
    Disagree, I hope her insurance company refuses the claim, that will teach her not to text while driving. Up here it is illegal to use any handheld device while driving. Not sure if insurance companies can refuse claim but they can increase your premiums and you can be fined.
    None of which would do OP's sister a bit of good.
    Yoga class makes me feel like a total stud, mostly because I'm about as flexible as a 2x4.
    "Design"? Possibly. "Intelligent"? Sure doesn't look like it from this angle.
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  9. #9
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    Quote Originally Posted by Mel Fulks View Post
    " driver was texting at the time"

    Im betting it was "later, Susan...gotta brace for impact , bye."

    Lol!

    On July 1 it became illegal to use a cell phone except hands free. Not going to stop many people unfortunately.

  10. #10
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    Quote Originally Posted by Lee DeRaud View Post
    None of which would do OP's sister a bit of good.
    I'm not saying the driver shouldn't be required to pay for the damage she caused thru her gross negligence, just that her insurance shouldn't cover it. Car insurance should cover accidents, what happened, in my opinion was not an accident it was willful negligence. Not sure in this case whether the OP's home insurance would cover it, if so they should pay for the repairs and then go after the driver.
    Interesting difference between Canada and the US, if this had been a drunken driver incident in Canada, the driver's insurance would not cover her while it would in the US. Since texting while driving is illegal in many parts of Canada (including BC where I live), I suspect she would not be covered in BC for this incident.

  11. #11
    "Willful negligence" doesn't matter, insurance companies take premiums to compensate victims' losses caused by the actions/inactions of their insured, regardless of the intent, negligence, stupidity or just plain bad luck. AFTER an insurance company pays, they have options they can use against the insured, higher premiums, cancellation, possible lawsuits- but it simply isn't ethical to punish the victims...
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  12. #12
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    Quote Originally Posted by Kev Williams View Post
    "Willful negligence" doesn't matter, insurance companies take premiums to compensate victims' losses caused by the actions/inactions of their insured, regardless of the intent, negligence, stupidity or just plain bad luck. AFTER an insurance company pays, they have options they can use against the insured, higher premiums, cancellation, possible lawsuits- but it simply isn't ethical to punish the victims...
    Yes, in Canada, the liability part of your insurance is still in effect however, if you are illegally operating a motor vehicle (such as impaired or distracted by texting) your insurance covering your losses is invalid, your liability for loss to other victims is in force. So in the OP's case the driver's insurance would cover the repairs to the house but the driver would be out of pocket for the car repairs.
    https://www.rogersinsurance.ca/blog/...ay%20for%20it.

  13. #13
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    Quote Originally Posted by Doug Garson View Post
    Yes, in Canada, the liability part of your insurance is still in effect however, if you are illegally operating a motor vehicle (such as impaired or distracted by texting) your insurance covering your losses is invalid, your liability for loss to other victims is in force. So in the OP's case the driver's insurance would cover the repairs to the house but the driver would be out of pocket for the car repairs.
    That's pretty much how I'd expect it to work (here or there), but it doesn't seem to jibe with the way you described the situation in post #10.

    (And someday I really need to figure out how to do multi-quotes.)
    Yoga class makes me feel like a total stud, mostly because I'm about as flexible as a 2x4.
    "Design"? Possibly. "Intelligent"? Sure doesn't look like it from this angle.
    We used to be hunter gatherers. Now we're shopper borrowers.
    The three most important words in the English language: "Front Towards Enemy".
    The world makes a lot more sense when you remember that Butthead was the smart one.
    You can never be too rich, too thin, or have too much ammo.

  14. #14
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    Yes Lee, I did a little more research between post #10 and #13 but I still think the driver should be responsible for the damage they cause so I wouldn't object to the insurance company going after the driver after they have compensated the victims. I think liability coverage on both sides of the border is still in force while driving illegally (drunk or while texting) but in Canada your collision coverage is not and I think in the US it still is (maybe varies by state?).
    https://www.nolo.com/legal-encyclope...insurance.html

  15. #15
    Glad no one was hurt. Here in AZ they just made it illegal to use any handheld device while driving, some exceptions, but texting is a NO NO, thing I don't get is they will not enforce it for 2 years, They say they need time to educate the drivers .like WTH The highway has over head signs , theres TV radio.Theres drivers ed. theres Bill boards, and theres AZDOT emails that they can send to every driver in the state. I can see no reason for a 2 year delay in enforcement. I think 90% of all drivers would be aware of this law with in 6 months.
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