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Old 05-10-2022, 12:22 PM
 
Location: Boston
20,099 posts, read 9,003,220 times
Reputation: 18747

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I see no problem with this, it's just procedural.

 
Old 05-10-2022, 12:22 PM
 
23,177 posts, read 12,205,977 times
Reputation: 29354
Quote:
Originally Posted by EP45 View Post
The dealership is going to be in seriously hot water on this one, and could potentially see a claim denial. The injured party and VO may end up owning that place.

We hear that saying all the time. Can anyone document a case where an injured party ended up "owning the place"?
 
Old 05-10-2022, 01:28 PM
 
23,177 posts, read 12,205,977 times
Reputation: 29354
Quote:
Originally Posted by EP45 View Post
Yeah. I can’t disclose names but I did have a client that was involved in a serious accident with an uninsured vehicle that was owned by a decent size HVAC company that was still set up as a sole proprietorship. The judgement exceeded the at fault party’s avaialable liability limits and they agreed to a majority stake in the company as a settlement.

Usually they end up declaring bankruptcy though. Always carry uninsured motorists coverage with a minimum of 250/500

There is no legal separation between sole proprietorship and individual. That's why businesses incorporate. And "document" means we can look up the case directly and not rely on someone's account.
 
Old 05-10-2022, 02:23 PM
 
23,177 posts, read 12,205,977 times
Reputation: 29354
Quote:
Originally Posted by EP45 View Post
Which is exactly why I highlighted that ownership factor.

As for the exact case, I’m not putting my client’s business in the streets. You’re free to Google away - it was CA in 2016. Contra Costa county.

I'm sure it has happened. Just about anything and everything happens now and then. But it's not nearly as common as the phrase is bandied about.
 
Old 05-10-2022, 03:19 PM
 
Location: NC
5,451 posts, read 6,036,575 times
Reputation: 9273
Quote:
Originally Posted by oceangaia View Post
I'm sure it has happened. Just about anything and everything happens now and then. But it's not nearly as common as the phrase is bandied about.
Only has to happen once for it to be urban legend.
 
Old 05-10-2022, 07:09 PM
 
23,177 posts, read 12,205,977 times
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Quote:
Originally Posted by EP45 View Post
It’s more on a euphemism than anything. If a business is forced into bankruptcy over a claim like this - they “owned” them.

And how often does that happen?
 
Old 05-11-2022, 05:21 AM
 
Location: MN
6,541 posts, read 7,121,664 times
Reputation: 5819
Quote:
Originally Posted by getatag View Post
Only has to happen once for it to be urban legend.
When you read post #67 you’ll realize it is not urban legend . I know of one in my local industry dealing with a guy I went to high school with. An employee of his was injured on the job, must have been pretty bad as guy I knew committed suicide, then his company was sold right after. Word was insurance or lack of it…
 
Old 05-11-2022, 06:24 AM
 
23,177 posts, read 12,205,977 times
Reputation: 29354
Quote:
Originally Posted by EP45 View Post
A business forced into bankruptcy? About 400K times per year. If you don’t think a large chunk of those are due to insurance claims, knock yourself out. Or you could just do your own research on stuff you seem to have questions about.

https://www.abi.org/newsroom/bankruptcy-statistics

Obfuscation. Throw a mountain of data out there that doesn't apply to the relevant context and which you have not even examined. No, not a chunk. A look at those downloads shows they present only numbers not reasons. That businesses go bankrupt was never disputed.
 
Old 05-11-2022, 07:02 AM
 
23,177 posts, read 12,205,977 times
Reputation: 29354
Quote:
Originally Posted by EP45 View Post
Insert hard eye roll here. I can think of many situations that businesses were forced to close due to inadequate insurance. But continue on with your rant.

While you're rolling those eyes, learn that closing due to inability to obtain affordable insurance is not the same as closing due to losing a lawsuit. Straw man.
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