Do people 'deserve' universal health care?

[steelish]

I understand your point, but it's rather vague. If I accidentally hit you while driving, causing some injuries that you fully recover from, should you be allowed to sue me?

I'd imagine it's your right to sue me for the time lost at work, extra expenses, but what about pain and suffering? People who wake up at the table are in pain, and that's the point of the lawsuit. Can you put a number figure to pain? Should you?

As long as you are an insured driver...NOPE!

[Lion]

As long as you are an insured driver...NOPE!

If I'm insured, you can't sue me for pain and suffering, but if I'm not, you can? How does that make sense?

[steelish]

If I'm insured, you can't sue me for pain and suffering, but if I'm not, you can? How does that make sense?

Unlike health insurance, that's what the car insurance companies are for.

In the case of an accident, the insurance company will "settle" a claim with the other driver's insurance company - once done, although a law suit can be filed , it rarely is because of the difficulty in winning such a case...after all, you've settled a claim via your insurance companies which, in effect, says that you are happy with the amount of $$ already received and had signed paperwork agreeing to "leave it at that".

How do I know this??? Well, during a rainstorm I once hydroplaned through a stop sign in an F150 pickup. I was only going 25, but the person who t-boned me was going almost 50. My truck and his car was totaled. I was at fault (of course) for "failure to stop and causing an accident". In his car was his wife and unrestrained 5 year old girl. The wife received a broken leg, the girl had a concussion, the man had a broken wrist. (He and his wife were out of work for a bit of time). Our insurance companies settled. I asked my insurance company if he could sue me, I was told no because he had signed paperwork (a contract, in a way) stating that he was ok with the amount of the settlement. That occurred over 10 years ago. I've never been sued.

If you don't have that protection of a car insurance company...I can come directly after you! My insurance company can file the suit on my behalf.

[Lion]

Unlike health insurance, that's what the car insurance companies are for.

In the case of an accident, the insurance company will "settle" a claim with the other driver's insurance company - once done, although a law suit can be filed , it rarely is because of the difficulty in winning such a case...after all, you've settled a claim via your insurance companies which, in effect, says that you are happy with the amount of $$ already received and had signed paperwork agreeing to "leave it at that".

How do I know this??? Well, during a rainstorm I once hydroplaned through a stop sign in an F150 pickup. I was only going 25, but the person who t-boned me was going almost 50. My truck and his car was totaled. I was at fault (of course) for "failure to stop and causing an accident". In his car was his wife and unrestrained 5 year old girl. The wife received a broken leg, the girl had a concussion, the man had a broken wrist. (He and his wife were out of work for a bit of time). Our insurance companies settled. I asked my insurance company if he could sue me, I was told no because he had signed paperwork (a contract, in a way) stating that he was ok with the amount of the settlement. That occurred over 10 years ago. I've never been sued.

If you don't have that protection of a car insurance company...I can come directly after you! My insurance company can file the suit on my behalf.

Thanks for clarifying that.

Perhaps my comparison could've been better. Essentially, what I was asking earlier is that if you hurt someone, unintentionally but through your own negligance, that causes them pain and suffering (but something that they can recover from entirely), do you think it is right for them to sue you? (In addition to the money they lost because of the incident).

[steelish]

Thanks for clarifying that.

Perhaps my comparison could've been better. Essentially, what I was asking earlier is that if you hurt someone, unintentionally but through your own negligance, that causes them pain and suffering (but something that they can recover from entirely), do you think it is right for them to sue you? (In addition to the money they lost because of the incident).

I think it's right that they should be compensated for in some way. That's why car and homeowners insurance are good things. Too bad health insurance doesn't work the same way. It's a whole different ball game.

[SadisticNature]

In Canada you can't sue for pain and suffering, but you can sue for any lost labor and medical costs. I know because a mall didn't put out a wet floor sign and my mom didn't notice the floor was wet, slipped and broke her ankle. She ended up getting a settlement (which is why they can't sue you, your insurance company settles the case (or as part of settlement makes it a condition that they will not sue if there isn't a case yet)).

In the claim she filed for compensation for time off work, and for chores that she normally did that she had to pass on to others (I ended up taking over the laundry because I was at home at the time and she had a lot of trouble with stairs), but if I wasn't home she would have had to hire someone to do it. We ended up settling because the offer was better than dealing with lots of court costs plus the risk of losing.

[SadisticNature]

As long as you are an insured driver...NOPE!

They can sue you but the insurance company is liable for the verdict so you won't have to pay it. Generally speaking the insurance company prefers to settle these cases because its more convenient to their clients and is often better for them financially. Victims will generally agree to settlements because they often have significant costs and don't want to struggle with medical and legal bills in the hope of a payout several years down the road.

Most insurance companies require you to sign over all negotiating privileges as a condition of the insurance. So you wouldn't be allowed to dispute things like who was at fault with the settlement, and they could settle 'on your behalf' without letting you know any details of the settlement.

The insurance company doesn't mean the lawsuits don't exist it just means it won't be you who pays them.