MotoHouston.com MotoHouston.com
Register Members List Member Map Media Calendar Garage Forum Home Mark Forums Read

Go Back   MotoHouston.com > General Discussion > General Discussion (Moto Related)
Forgot info?

Welcome to MotoHouston.com! You are currently viewing our forums as a guest which gives you limited access to the community. By joining our free community you will have access to great discounts from our sponsors, the ability to post topics, communicate privately with other members, respond to polls, upload content, free email, classifieds, and access many other special features. Registration is fast, simple and absolutely free, join our community!

Register Today!

If you have any problems with the registration process or your account login, please contact us.


Like us on Facebook! Regular shirt GIVEAWAYS and more

Advertisement

Reply
Share This Thread: 
Subscribe to this Thread Thread Tools
Old 02-13-2012, 10:02 AM   #41
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Mar 2009
Location: Houston-The South Loop
Feedback Rating: (0)
Posts: 24,295

Experience: 10+ years
Trackdays: 3

Bike(s):
'12 CBR1000RR Red/Black
'14 CB1000R Matte Gray
'10 CBR1000RR (destroyed)
'09 CBR1000RR C-ABS (sold)
'09 CBR600RR C-ABS (sold)

Member Garage





Quote:
Originally Posted by Grimace View Post






What part of "I get that, but I was referring to the concept itself." was unclear to you knuckle heads... You can't have a policy that does not have stipulations on what they will or not be paying for. Using an act of as a reason to refuse to pay for damages in any situation, other than him ACTUALLY showing up and destroying something in person... If they don't want to pay for a specific damage, then they specify it in the constract. Hitting a tree in the middle of the road obviously won't be covered with liability insurance, and doesn't have anything to do with it. I know well I've heard people talk about the the act of thing involving insurance before, and I think it's moronic, even if every single time I heard it was just talk. Frankly I found the idea too dumb to even verify if it had ever really happened in fact or was just BS.


1. "Act of " is not to be taken literally
2. Let's say you loaned me your car which only had liability insurance. I'm operating it in a responsible fashion. A meteorite falls from space and goes through the engine block. Who's responsible to pay for the damages?
__________________
Quote:
Originally Posted by bumblebee View Post
"I lack skillz"
Bevo is offline   Reply With Quote
Similar Topics
Thread Thread Starter Forum Replies Last Post
Worst road debris you've hit or almost hit? darranwil General Discussion (Moto Related) 51 03-27-2013 02:32 PM
Donations needed for a Fallen Rider and a Fallen Officer. PoPoRiderRR General Discussion (Moto Related) 12 09-23-2010 11:13 AM
Motorcyclist dies after being hit by hit-and-run driver Jay General Discussion (Moto Related) 87 09-04-2007 11:28 AM
if you were a tree what kind of tree would you be??? R6MILF Off Topic 31 05-09-2006 04:22 AM
Advertisement
Old 02-13-2012, 10:05 AM   #42
RACER X
what R you lookin' at?
 
RACER X's Avatar
 
Join Date: Apr 2005
Location: Richmond, Tx
Feedback Rating: (26)
Posts: 33,486

Experience: 10+ years
Trackdays: 8

Bike(s):
'14 Honda GROM! 181cc of fury!!
'10 Aprilia Tuono Factory-SOLD
'08 Busa - sold
A few more bought
A few more sold






car manuf, DUH!
__________________
ΜΟΛΩΝ ΛΑΒΕ
2014 GROM
181cc's BABY!
Trump/Zimmerman 2016
Make America Great Again!
RACER X is online now   Reply With Quote
Old 02-13-2012, 10:10 AM   #43
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Mar 2009
Location: Houston-The South Loop
Feedback Rating: (0)
Posts: 24,295

Experience: 10+ years
Trackdays: 3

Bike(s):
'12 CBR1000RR Red/Black
'14 CB1000R Matte Gray
'10 CBR1000RR (destroyed)
'09 CBR1000RR C-ABS (sold)
'09 CBR600RR C-ABS (sold)

Member Garage





Quote:
Originally Posted by Grimace View Post
Quote:
Trees
Injuries caused by falling trees, usually as the result of a weather event such as high winds or snow, are often defended as acts of . While trees are normally considered an asset, they can cause serious damage and are a serious responsibility. Tree owners are responsible for maintaining the condition of their trees. A tree that is unhealthy or improperly cared for can quickly become a hazard. An extreme weather event will cause the inevitable to happen, but the responsibility lies on the party who allowed the tree to fall into a dangerous state to begin with.
That's all fine and good if the tree was diseased or was damaged before the fall. The owner couldn't be held responsible if the tree was healthy but fell due to saturated earth that gave way or extremely high winds.
__________________
Quote:
Originally Posted by bumblebee View Post
"I lack skillz"
Bevo is offline   Reply With Quote
Old 02-13-2012, 10:47 AM   #44
Grimace
Senior Member
 
Join Date: Jun 2009
Feedback Rating: (3)
Posts: 5,255

Experience: 6 years
Trackdays: 1











Quote:
Originally Posted by Bevo View Post
That's all fine and good if the tree was diseased or was damaged before the fall. The owner couldn't be held responsible if the tree was healthy but fell due to saturated earth that gave way or extremely high winds.
Quote:
Originally Posted by Bevo View Post


1. "Act of " is not to be taken literally
2. Let's say you loaned me your car which only had liability insurance. I'm operating it in a responsible fashion. A meteorite falls from space and goes through the engine block. Who's responsible to pay for the damages?
If somebody I'm doing business with mentions "Act of " when my got up that I paid money to them to get reinbursed for in case of an unexpected incident, we're both gonna have a problem. Including a meteorite hitting my car.
__________________
Quote:
For a minute there I thought we were in trouble.
Grimace is offline   Reply With Quote
Old 02-13-2012, 10:50 AM   #45
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Mar 2009
Location: Houston-The South Loop
Feedback Rating: (0)
Posts: 24,295

Experience: 10+ years
Trackdays: 3

Bike(s):
'12 CBR1000RR Red/Black
'14 CB1000R Matte Gray
'10 CBR1000RR (destroyed)
'09 CBR1000RR C-ABS (sold)
'09 CBR600RR C-ABS (sold)

Member Garage





Quote:
Originally Posted by Grimace View Post
If somebody I'm doing business with mentions "Act of " when my got up that I paid money to them to get reinbursed for in case of an unexpected incident, we're both gonna have a problem. Including a meteorite hitting my car.
Word to the wise...better read the fine print. I don't think you can whoop an insurance company
__________________
Quote:
Originally Posted by bumblebee View Post
"I lack skillz"
Bevo is offline   Reply With Quote
Old 02-13-2012, 11:01 AM   #46
Mr.P
Driving Duh-Bus
 
Mr.P's Avatar
 
Join Date: Dec 2005
Location: Sugarland
Feedback Rating: (5)
Posts: 4,759

Experience: 10+ years
Trackdays: 10+

Bike(s):
CBR1000RR






Find out who's property the tree was on, and get back over there ASAP and take detailed pictures of the condition of the tree, trunk, roots, etc... With all the drought, it was probably dead or dying and there is a good chance that,if it was on personal property, you could hold the owner responsible if the tree was clearly a danger prior to the weather events. best bet is to talk to the neighbors and see what is what with the property owner. His homeowner's liability insurance would be the one you would make a claim against, even if he was negligent in not taking the tree down timely. Or, it could just be an act of . But most likely, folks know what trees on their property are about to fall into the road.
__________________
Faster and Faster, Slowly! BRAWP it like its hot, BRAWP it like its hot.
Mr.P is offline   Reply With Quote
Old 02-13-2012, 11:39 AM   #47
Grimace
Senior Member
 
Join Date: Jun 2009
Feedback Rating: (3)
Posts: 5,255

Experience: 6 years
Trackdays: 1











http://legal-dictionary.thefreedicti...ord=act+of+

Quote:
Originally Posted by Bevo View Post
Word to the wise...better read the fine print. I don't think you can whoop an insurance company
Bottom line is that having to pay more for your comprehensive insurance because of frequent natural disasters is legitimate. Not paying because the customer didn't realize 's wrath costs extra is beyond stupid and has no place in a legal binding contract, literal or not. Putting the clause in fine print so that the most costly part of doing business is avoided is shady and an attempt to take advantage of customers. has no place in a contract unless someone is actually capable of defining him in legal terms. I can't believe I actually got involved in such a stupid conversation over a reference from a comedian.
__________________
Quote:
For a minute there I thought we were in trouble.
Grimace is offline   Reply With Quote
Old 02-13-2012, 12:04 PM   #48
Bevo
Hook 'em!
 
Bevo's Avatar
 
Join Date: Mar 2009
Location: Houston-The South Loop
Feedback Rating: (0)
Posts: 24,295

Experience: 10+ years
Trackdays: 3

Bike(s):
'12 CBR1000RR Red/Black
'14 CB1000R Matte Gray
'10 CBR1000RR (destroyed)
'09 CBR1000RR C-ABS (sold)
'09 CBR600RR C-ABS (sold)

Member Garage





Quote:
Originally Posted by Grimace View Post
http://legal-dictionary.thefreedicti...ord=act+of+



Bottom line is that having to pay more for your comprehensive insurance because of frequent natural disasters is legitimate. Not paying because the customer didn't realize 's wrath costs extra is beyond stupid and has no place in a legal binding contract, literal or not. Putting the clause in fine print so that the most costly part of doing business is avoided is shady and an attempt to take advantage of customers. has no place in a contract unless someone is actually capable of defining him in legal terms. I can't believe I actually got involved in such a stupid conversation over a reference from a comedian.
Whether you like it or not "Act of " is used in law and insurance policies.
__________________
Quote:
Originally Posted by bumblebee View Post
"I lack skillz"
Bevo is offline   Reply With Quote
Old 02-13-2012, 12:12 PM   #49
hotnanas
i rock knobbies
 
hotnanas's Avatar
 
Join Date: Sep 2005
Feedback Rating: (4)
Posts: 8,881

Experience: 10+ years











man, can I trade you rear seats if they total it? i spilled a couple quarts of oil on my rear seat.
hotnanas is offline   Reply With Quote
Old 02-13-2012, 12:19 PM   #50
lisiecki1
survivor of 7/4/08 ride..
 
lisiecki1's Avatar
 
Join Date: Jun 2008
Feedback Rating: (5)
Posts: 4,084

Experience: 10+ years






Member Garage





I can guarantee TXDot would have no fault, even if they did it on purpose.
__________________
"DON'T START VAST PROJECTS WITH HALF VAST IDEAS."
Remember the average response time to a 911 call is over 4 minutes.
The average response time of a 357 magnum is 1400 FPS.
lisiecki1 is offline   Reply With Quote
Old 02-13-2012, 03:03 PM   #51
Grimace
Senior Member
 
Join Date: Jun 2009
Feedback Rating: (3)
Posts: 5,255

Experience: 6 years
Trackdays: 1











This was my "comedic reference"...

http://comedians.jokes.com/drew-hast...s---act-of-
__________________
Quote:
For a minute there I thought we were in trouble.
Grimace is offline   Reply With Quote
Old 02-13-2012, 03:11 PM   #52
obed
TMGP Pimp
 
obed's Avatar
 
Join Date: Aug 2011
Location: Houston
Feedback Rating: (1)
Posts: 7,271

Experience: 10+ years
Trackdays: 10+

Bike(s):
2011 Honda CBR600RR
Harley Road King
Harley Sportster
Yamaha TW200
Suzuki dirt bike






I am wondering what ever happened to the concept of driving at a speed that you can control your vehicle... a speed that you are able to stop when you see something in time to avoid it...if a tree were laying in the road and you hit it, you were driving at a speed higher than you were able to control your vehicle at...
__________________
Be Free, Have Fun.... Give None, Take None
obed is offline   Reply With Quote
Old 02-13-2012, 03:20 PM   #53
RACER X
what R you lookin' at?
 
RACER X's Avatar
 
Join Date: Apr 2005
Location: Richmond, Tx
Feedback Rating: (26)
Posts: 33,486

Experience: 10+ years
Trackdays: 8

Bike(s):
'14 Honda GROM! 181cc of fury!!
'10 Aprilia Tuono Factory-SOLD
'08 Busa - sold
A few more bought
A few more sold






poppycock! the tree is at fault!
__________________
ΜΟΛΩΝ ΛΑΒΕ
2014 GROM
181cc's BABY!
Trump/Zimmerman 2016
Make America Great Again!
RACER X is online now   Reply With Quote
Old 02-13-2012, 03:21 PM   #54
Grimace
Senior Member
 
Join Date: Jun 2009
Feedback Rating: (3)
Posts: 5,255

Experience: 6 years
Trackdays: 1











Good point
__________________
Quote:
For a minute there I thought we were in trouble.
Grimace is offline   Reply With Quote
Old 02-13-2012, 03:26 PM   #55
Azylum
The Chosen One
 
Azylum's Avatar
 
Join Date: Jan 2007
Location: Ellington
Feedback Rating: (23)
Posts: 39,629

Experience: 8 years
Trackdays: 2











Quote:
Originally Posted by obed View Post
I am wondering what ever happened to the concept of driving at a speed that you can control your vehicle... a speed that you are able to stop when you see something in time to avoid it...if a tree were laying in the road and you hit it, you were driving at a speed higher than you were able to control your vehicle at...
define "controllable speed" first. say the speed limit is 60 and hes not even doing that. how is a 9k pound truck gonna stop in time if a) its night time and didnt see it until it was too late? or b) coming around a curve? or c) night AND raining? or d) night AND raining AND around a curve? or e)..you get the point. the variables are endless. old fogies like to act like there is no such thing as an accident, that EVERYTHING is avoidable. back in your day when there were just horse and buggy, that was true. sometimes an accident is just an accident.
__________________
motohoustonlogo
Bringing back the old school.
Azylum is offline   Reply With Quote
Old 02-13-2012, 03:30 PM   #56
JMAC
Senior Member
 
JMAC's Avatar
 
Join Date: May 2008
Location: Spring
Feedback Rating: (0)
Posts: 1,887


Bike(s):
Ninja









Quote:
Originally Posted by Azylum View Post
define "controllable speed" first. say the speed limit is 60 and hes not even doing that. how is a 9k pound truck gonna stop in time if a) its night time and didnt see it until it was too late? or b) coming around a curve? or c) night AND raining? or d) night AND raining AND around a curve? or e)..you get the point. the variables are endless. old fogies like to act like there is no such thing as an accident, that EVERYTHING is avoidable. back in your day when there were just horse and buggy, that was true. sometimes an accident is just an accident.
If it was "just an accident" then there is no fault to anyone, problem solved
JMAC is offline   Reply With Quote
Old 02-13-2012, 03:31 PM   #57
Azylum
The Chosen One
 
Azylum's Avatar
 
Join Date: Jan 2007
Location: Ellington
Feedback Rating: (23)
Posts: 39,629

Experience: 8 years
Trackdays: 2











Quote:
Originally Posted by JMAC View Post
If it was "just an accident" then there is no fault to anyone, problem solved
i agree.
__________________
motohoustonlogo
Bringing back the old school.
Azylum is offline   Reply With Quote
Old 02-13-2012, 03:35 PM   #58
obed
TMGP Pimp
 
obed's Avatar
 
Join Date: Aug 2011
Location: Houston
Feedback Rating: (1)
Posts: 7,271

Experience: 10+ years
Trackdays: 10+

Bike(s):
2011 Honda CBR600RR
Harley Road King
Harley Sportster
Yamaha TW200
Suzuki dirt bike






some folks act like a speed limit means it is ok to go that posted speed it is not..
if the speed limit is 60 it is ok to go 60 if the conditions allow it.. if it is night and your lights do not allow you to see far enough to go 60 and you do, then it is your fault if you hit a down tree because you were traveling faster than you could see to stop... same thing if it is raining... a speed limit does not mean go that fast no matter the conditions, it means that is the max allowable speed...
just like a green light does not mean proceed, it means proceed if the way is clear...
so again, if you hit something as large as a tree laying in the road, it could be said you were careless...
__________________
Be Free, Have Fun.... Give None, Take None
obed is offline   Reply With Quote
Old 02-13-2012, 10:37 PM   #59
FJRmgm
Senior Member
 
Join Date: Jan 2007
Location: Omaha, Arkansas USA Motorcycling Paradise
Feedback Rating: (0)
Posts: 1,995

Experience: 10+ years

Bike(s):
Yamaha FJR 1300
Honda CBR 954RR
Yamaha WR250R







some folks act like a speed limit means it is ok to go that posted speed it is not..

what are you - some kind of commie infiltrator!!???
FJRmgm is online now   Reply With Quote
Old 02-14-2012, 12:07 AM   #60
dabus63
Senőr Member
 
dabus63's Avatar
 
Join Date: Dec 2011
Feedback Rating: (0)
Posts: 805

Experience: 1-3 months
Trackdays: 1

Bike(s):
04 GSXR 1000
04 R1 (sold)
04 R6 (stolen)
99 GSXR 750 (sold)
1990 YSR 50 (in storage)

Member Garage





Quote:
Originally Posted by obed View Post
I am wondering what ever happened to the concept of driving at a speed that you can control your vehicle... a speed that you are able to stop when you see something in time to avoid it...if a tree were laying in the road and you hit it, you were driving at a speed higher than you were able to control your vehicle at...
They should've charged that Tow Truck Driver for running over & killing that old lady that fell down at the intersection in Bellaire?!?!
dabus63 is offline   Reply With Quote
Reply


Thread Tools

Advertisement


All times are GMT -5. The time now is 02:11 PM.


MotoHouston.com is not responsible for the content posted by users.
Privacy Policy