Author Topic: Pending New Oklahoma Uninsured driver law  (Read 23142 times)

Brad Johnson

  • friend
  • Senior Member
  • ***
  • Posts: 18,092
  • Witty, charming, handsome, and completely insane.
Re: Pending New Oklahoma Uninsured driver law
« Reply #50 on: February 26, 2012, 02:07:37 AM »
How is a passive and inherently non-intrusive verification of required liability coverage a violation of rights?  The only time you will be stopped under the new regulation is if you're already doing something blatantly illegal, that being driving without the required coverage. 

Frankly I'd much rather the cops have an automated system that doesn't require a traffic stop.  Purely based on my experience with human reaction I can see it actually lowering the potential for nuisance "wonder if" stops.  Cop runs the plate and sees you're in the good.  Gives them one less reason to suspect you are anything but a fine upstanding citizen.  Their attention goes to someone else and you go on about your day.

Brad
« Last Edit: February 26, 2012, 02:17:37 AM by Brad Johnson »
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Pending New Oklahoma Uninsured driver law
« Reply #51 on: February 26, 2012, 02:24:02 AM »
Several of you are conflating having insurance with being required by law to have insurance.  Those are not the same things.  Anyone with a lien on their car would have insurance without laws mandating it.  A fair portion of other people would too, because of their desire to limit their risk.  

I carry renters' insurance despite not being required by law to do so.  Ditto various health and life insurance products.  I assume some of you guys do too, despite the absence of laws (yet) requiring you to do so.  

Of course, if there weren't any laws requiring insurance, there'd be an uninsured drivers problem.  Oh wait, there already is.  Yes, it would be a bigger problem.
And when there was an accident with very high medical costs, some party other than the insurance company would have to pay those expenses.  Oh wait, they already do, because the required insurance is, at least in MI, relatively low.
And that third party would be the gov't.  Oh wait, it already is.  See above.  When insurance is exhausted, it is very often the gov't that pays, via medicare/caid and other mechanisms.
And because of the uninsured drivers, people would have to buy uninsured driver coverage.  Oh wait, they already do.

I agree that it is very smart to have auto insurance.  I just don't think the gov't should make laws requiring people to do the smart thing.  

I agree that it's ethical to pay for damages one causes, either personally or by having purchased insurance to cover those damages.  I agree that mandatory insurance laws increase the number of people who are able to pay, via insurance, for the damages they cause.  Kind of like how carrying health insurance increases the number of people who are able to pay, via insurance, for their medical needs--and the consensus around here is that mandating health coverage is unacceptable and possibly not constitutional.  

I agree that it's generally pretty irresponsible not take care of one's messes.  I agree that it is and should be legal to sue to recover damages when another person negligently causes one harm, but that it has been found constitutional to place some limits on that.  I'm also aware that mandatory insurance does not solve the problems that arise from auto accidents.  It just changes them around them, while expanding gov't.  I'm not convinced that you're better off getting in an accident with an uninsured driver who is breaking the law, as opposed to getting in an accident with an uninsured driver who is not breaking the law.  

Brad: Yes, people who drive without insurance despite being required by law to do so represent a more dangerous and expensive demographic.  Do you really think that if insurance was not mandatory, anyone who elected to drop their coverage would morph into an illegal alien, a chronic drunk, or a person with a terrible driving record?  If it were made illegal today to wear purple, by next year, people who wear purple would demonstrate a dangerous and expensive demographic.  This is an issue of how statistics work, which is completely different from how self-righteous congratulatory suburbanites think they should work, in order to prove their overall greater righteousness, intelligence, responsibility, and general awesomeness. Irony is fun.

As for jail/prison time:  Certainly a more reasonable reason for jailing than non-violent drugs crimes, but I fail to see how that would somehow not cost taxpayers more money.  

roo_ster

  • Kakistocracy--It's What's For Dinner.
  • friend
  • Senior Member
  • ***
  • Posts: 21,225
  • Hoist the black flag, and begin slitting throats
Re: Pending New Oklahoma Uninsured driver law
« Reply #52 on: February 26, 2012, 08:05:46 AM »
As for jail/prison time:  Certainly a more reasonable reason for jailing than non-violent drugs crimes, but I fail to see how that would somehow not cost taxpayers more money. 

[moses]"Soylent Green is uninsured drivers and illegal aliens!"[/moses]
Regards,

roo_ster

“Fallacies do not cease to be fallacies because they become fashions.”
----G.K. Chesterton

Fly320s

  • friend
  • Senior Member
  • ***
  • Posts: 14,415
  • Formerly, Arthur, King of the Britons
Re: Pending New Oklahoma Uninsured driver law
« Reply #53 on: February 26, 2012, 08:50:15 AM »
How is a passive and inherently non-intrusive verification of required liability coverage a violation of rights?  The only time you will be stopped under the new regulation is if you're already doing something blatantly illegal, that being driving without the required coverage. 

Frankly I'd much rather the cops have an automated system that doesn't require a traffic stop.  Purely based on my experience with human reaction I can see it actually lowering the potential for nuisance "wonder if" stops.  Cop runs the plate and sees you're in the good.  Gives them one less reason to suspect you are anything but a fine upstanding citizen.  Their attention goes to someone else and you go on about your day.

Brad

Why should the police be authorized to actively search a database of personal information without probable cause?  Knowing how police powers expand over time, I suspect that the database will widen giving the police more access to more personal information. Would you approve of a similar program for people who bicycle on the roads?  Or walk on sidewalks?  Afterall, they are on public roads, so they pose some risk to other drivers/cyclists/pedestrians.

I am very surprised that many people here are in favor of government-forced insurance.
Islamic sex dolls.  Do they blow themselves up?

grampster

  • friend
  • Senior Member
  • ***
  • Posts: 9,454
Re: Pending New Oklahoma Uninsured driver law
« Reply #54 on: February 26, 2012, 08:57:13 AM »
"How is a passive and inherently non-intrusive verification of required liability coverage a violation of rights?  The only time you will be stopped under the new regulation is if you're already doing something blatantly illegal, that being driving without the required coverage."  

You have a great deal of faith in human nature and the ability of the State to have valid up to date records.  I don't suppose you believe some LE arbitrarily, without cause, pull over folks who just left a tavern, or out late at night...say 2AM to fish for DUI's, or drivers having selected skin colors in certain neighborhoods, inter alia.  A law such as being discussed in the OP is inherently coercive on its face and is an insult to the purpose of the Constitution with respect to all we hold dear.  How easy it has become to order citizens into a line in the interests of "safety".  Dr. Franklin had something to say about that before the ink was even dry on the Constitution.  

If you want assurance that vehicles carry liability insurance at a certain level, I gave you the way in my last post (#30) without any risk to interfere with one's ability to go here and there unmolested by the State.
"Never wrestle with a pig.  You get dirty, and besides, the pig likes it."  G.B. Shaw

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Pending New Oklahoma Uninsured driver law
« Reply #55 on: February 26, 2012, 09:05:07 AM »
[moses]"Soylent Green is uninsured drivers and illegal aliens!"[/moses]

Plz to note: "More reasonable" is not the same thing as "reasonable"  =)

Brad Johnson

  • friend
  • Senior Member
  • ***
  • Posts: 18,092
  • Witty, charming, handsome, and completely insane.
Re: Pending New Oklahoma Uninsured driver law
« Reply #56 on: February 26, 2012, 11:47:35 AM »
Why should the police be authorized to actively search a database of personal information without probable cause? 

The database already exists in the form of DMV/DPS/DOT/court records.  That's why most police cruisers now sport laptop computers.  Running random license plate checks has been routine police business for years.



Would you approve of a similar program for people who bicycle on the roads?  Or walk on sidewalks?  Afterall, they are on public roads, so they pose some risk to other drivers/cyclists/pedestrians.


Apples to oranges.  When the average cyclist loses control they are travelling at slower speeds and carry a fraction of a vehicle's mass.  If they hit you chances are you'll be wearing your coffee and have some scrapes and bruises.  A driver loses control and crashes into you and you'll be wearing the steering wheel and getting intimately aqainted with your local emergency medical personnel.



"How is a passive and inherently non-intrusive verification of required liability coverage a violation of rights?  The only time you will be stopped under the new regulation is if you're already doing something blatantly illegal, that being driving without the required coverage." 

You have a great deal of faith in human nature and the ability of the State to have valid up to date records.  I don't suppose you believe some LE arbitrarily, without cause, pull over folks who just left a tavern, or out late at night...say 2AM to fish for DUI's, or drivers having selected skin colors in certain neighborhoods, inter alia.  A law such as being discussed in the OP is inherently coercive on its face and is an insult to the purpose of the Constitution with respect to all we hold dear.  How easy it has become to order citizens into a line in the interests of "safety".  Dr. Franklin had something to say about that before the ink was even dry on the Constitution. 

If you want assurance that vehicles carry liability insurance at a certain level, I gave you the way in my last post (#30) without any risk to interfere with one's ability to go here and there unmolested by the State.

Gramps, I completely understand your position.  Were this an issue of a choice that affects me and me only then I would be in full agreement.  (Mandatory health care, anyone?)  Unfortunately this isn't the case.  Rather it's an issue of my choice having a significant and profound negative affect on others, and it being a situation which has a reasonable probability of occurance given the nature of activity.  It's not a matter of infringment on personal choice.  It's a matter of adequate fiscal responsibility for an actiona, one which has been forced on us by the large number of people who decided saving a couple bucks was more important than being a responsible driver.

Franklin's concern was that the goverment not try to save us from ourselves on a personal level.  That is not the case here.  This is an instance of the government being forced to step in when we, the driving public as a whole, proved untrustworthy when given the choice to shield others from the negative impacts of our bad decisions.  I don't like it all that much either but in this case it became necessary because people's actions forced it to be.

Again, this is not a regulation that will encourage random "fishing" stops.  Quite the contrary.  I see it a very likely to reduce them.  I covered that in post #50.



Brad: Yes, people who drive without insurance despite being required by law to do so represent a more dangerous and expensive demographic.  Do you really think that if insurance was not mandatory, anyone who elected to drop their coverage would morph into an illegal alien, a chronic drunk, or a person with a terrible driving record?  If it were made illegal today to wear purple, by next year, people who wear purple would demonstrate a dangerous and expensive demographic.  This is an issue of how statistics work, which is completely different from how self-righteous congratulatory suburbanites think they should work, in order to prove their overall greater righteousness, intelligence, responsibility, and general awesomeness. Irony is fun.

Sorry, but bad drivers who also make overtly bad financial choices are not that way as the result of anything other than their own poor decision making.  Asserting that they exist only because of statistical manipulation or outside regulatory interference is conspiratorial speculation.

Also, I don't recall pulling out the class warfare card.


Brad
« Last Edit: February 26, 2012, 12:20:59 PM by Brad Johnson »
It's all about the pancakes, people.
"And he thought cops wouldn't chase... a STOLEN DONUT TRUCK???? That would be like Willie Nelson ignoring a pickup full of weed."
-HankB

never_retreat

  • Head Muckety Muck
  • friend
  • Senior Member
  • ***
  • Posts: 3,158
Re: Pending New Oklahoma Uninsured driver law
« Reply #57 on: February 26, 2012, 11:47:57 AM »
My opinions to start.
Yes people should either have insurance or a "bond" is not a bad idea for people with money.
Court case payouts need to be capped to stop the frivolous crap.
Illegal immigrants caught driving should be immediately loaded on a plane and dropped at the southern most point of south America. At least that will slow down there reentry in to the US.
Cars should come with a plate from the factory, get rid of all the state DMV crap.
End rant.

So if they are going to build a data base why not just wait till a car pops up uninsured and send the popo to the RO address to either get prof they have insurance or pick up the tags?

Lowers the chance of high speed chases or the cops getting shot at.
I needed a mod to change my signature because the concept of "family friendly" eludes me.
Just noticed that a mod changed my signature. How long ago was that?
A few months-mods

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Pending New Oklahoma Uninsured driver law
« Reply #58 on: February 26, 2012, 12:19:56 PM »
Sorry, but bad drivers who also make overtly bad financial choices are not that way as the result of anything other than their own poor decision making.  Assert that they exist only because of statistical manipulation or outside regulatory interference is conspiratorial speculation.

Haha.  Hahahahahahah. Bwahahahahaha. Heheheheheh.  Seriously? I become a conspiracy theorist nutball for suggesting that perhaps the group of people who can't get insurance coincides with the group of people who don't have insurance? Really? Rotflmao. Thank you for the comedy relief.

Quote
Also, I don't recall pulling out the class warfare card.

Sure ya did. I just pointed it out. I do that.

roo_ster

  • Kakistocracy--It's What's For Dinner.
  • friend
  • Senior Member
  • ***
  • Posts: 21,225
  • Hoist the black flag, and begin slitting throats
Re: Pending New Oklahoma Uninsured driver law
« Reply #59 on: February 26, 2012, 01:47:43 PM »
Quote from: BR
This is an issue of how statistics work, which is completely different from how self-righteous congratulatory suburbanites think they should work, in order to prove their overall greater righteousness, intelligence, responsibility, and general awesomeness. Irony is fun.

Quote from: BJ
Sorry, but bad drivers who also make overtly bad financial choices are not that way as the result of anything other than their own poor decision making.  Asserting that they exist only because of statistical manipulation or outside regulatory interference is conspiratorial speculation.

Also, I don't recall pulling out the class warfare card.


Quote from: BR
Sure ya did. I just pointed it out. I do that.

Pointing out that most people are where they are due to their own actions & decisions is not class warfare.  Just reality.  Part of our problem as a society is that there are not enough people of influence pointing out reality and the most prudent response to it.

Also, your idea of how statistics work is...dissimilar to what I was taught in stats courses and how they are practiced at work five days of the week.

Last, FTR, suburbanites (& non-suburbanites) who have managed to hold their marriage together, purchase a house they can afford, pay more in taxes than they absorb, and generally display impulse control and forethought do rate higher on the "general awesomeness" score than those who do not.
Regards,

roo_ster

“Fallacies do not cease to be fallacies because they become fashions.”
----G.K. Chesterton

RoadKingLarry

  • friends
  • Senior Member
  • ***
  • Posts: 21,841
Re: Pending New Oklahoma Uninsured driver law
« Reply #60 on: February 26, 2012, 01:54:37 PM »
Quote
Last, FTR, suburbanites (& non-suburbanites) who have managed to hold their marriage together, purchase a house they can afford, pay more in taxes than they absorb, and generally display impulse control and forethought do rate higher on the "general awesomeness" score than those who do not.

Concur.

If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen.

Samuel Adams

BridgeRunner

  • friend
  • Senior Member
  • ***
  • Posts: 4,845
Re: Pending New Oklahoma Uninsured driver law
« Reply #61 on: February 26, 2012, 11:23:33 PM »
There seems to be a whole lot of lack of noticing what I actually said. 

And yep, many people who have their *expletive deleted*it together are pretty great people.  However, on the potential awesomeness of people who enjoy congratulating themselves on how much better they are than other people, well, my agreement on that point is somewhat more nonexistent.   

Nope, Roo_ster, I'm not wrong.  But from the bits you quoted, I suspect your understanding and my understanding of what I was saying are not identical.  I lack the terminology to be completely clear; it's been a couple years since I worked on a specific close analogue of this issue. 

The trouble I have with the whole "I didn't make this into class warfare" assertion is that, well, no, ya didn't.  If one assumes that while all people are equal, middle-class people with spouses and property are substantially more equal than everyone else. 

Brad pointed out how insurance is mandatory because people weren't taking responsibility for their actions.  Ok, fine.  But who?  It hasn't historically been the case, for several reasons, but one could look at this as an assumption of risk issue just as easily as a negligence issue.  It'd have to have involved some twisting stuff around some, but then, the development of various no-fault laws and cases involving car accidents have also twisted the law around to fit the circumstances.  That's how it works.  Perhaps it's irresponsible to drive around on a public road in a vehicle worth over say, $5000, without having taken into account the risks involved and insured against them?  Of course, that doesn't address the medical expenses or wrongful death issues, but it's not a proposal, just a thought exercise: After all, I've never owned a car worth more than $4,000 or so.  Don't see why anyone would.  It's just irresponsible to take that kind of risk, and expect other people to pay for it, isn't it? 

I mean, fine, so you want to drive your Mercedes, or two-year old Ford sub-compact, or similar luxury vehicle, knowing full well that driving is hazardous yadda yadda yadda...and you think it's ok for the gov't to mix in and force us to pay for your indiscretion and recklessness?!?!  All those anti-Obamacare arguments apply, if you step out of your position for a minute and think about it.  (Although with the above I was thinking of various rants on stuff like drinking, smoking, being fat, and socking it to medicare/aid for the consequences.  Plenty of those arguments tie back to Obamacare.)

And there's no point in disdaining the idea of considering the position of poor people.  I think it was Bill Cosby who talked about how all teenagers are broke and homeless.  Everybody has to start somewhere.  Perhaps it is unreasonable to require people who will not ever drive in a grossly negligent way to "ethically" ensure they can cover their liability if they are grossly negligent, which they won't be?  Perhaps it would be more ethical of those people to spend that money on enough life insurance to take care of their children should some other jackass behave in a grossly negligent manner?  Ethics are complicated, and come down to competing priorities.  Some other dude's car, or your kid's medical expenses?  The chance of some other dude getting hurt down the road, or not stiffing the doctor who treated your broken arm?  Or life insurance?  Or housing, food, etc?

Cue rant on how those nasty poor people all have color tv's and live on food stamps...

But note use of the term "gross negligence" above.  You're only responsible for covering damage if you're negligent, and negligence involves violating a "reasonable person" standard of care to be taken in any given activity.  Those filthy lawyers have ridden our society with ludicrous negligence cases, but what if we'd first killed all the lawyers?  (Seriously, thought exercise only, plz.)  What if we actually held people responsible for accidents that were caused by them actually not behaving in a reasonable manner?  What if "reasonable manner" actually meant what it's supposed to mean--not really defined for ordinary injury/property damage cases, but in med-mal cases, it's supposed to be a level of care LESS than the average doctor in that situation.  The rationale there is that docs have to meet an "average doctor" standard, half of 'em are committing malpractice just by walking into the room.  That judge really should've been consulted by the people who drafted NCLB.  But what then?  What if it is actually reasonable to rear-end someone who brakes short in front of you?  Below average level of skill sure, but not unreasonably reckless, not necessarily. 

You can come up with all kinds of reasons why it's not like health care, but it only isn't like health care because legislatures say it isn't, and because your personal interests align with those laws.  And sure, maybe you're right.  Maybe this country is about the people who are doing ok, and protecting their interests.  Or maybe not.  The trouble is that when the government mixes too much, someone always gets shafted.  And someone always gets a bit of an edge.  And there's a whole lot of murkiness about who should get what and why.  Which is why gov't shouldn't mix in much.  Like by requiring people to buy insurance products regardless of any personal benefit.  (Oh sure, it's about ethics...which are also not the government's business to impose.)

See, that whole small government really sucking for people who live on government handouts?  Turns out, small government sucks for just about everyone, in various ways.  It just sucks a bit less tyrannically.  Human nature may be downright nasty, but government could avoid a whole lot of unintended consequences if it stopped intending for its actions to do something. 

French G.

  • friend
  • Senior Member
  • ***
  • Posts: 10,195
  • ohhh sparkles!
Re: Pending New Oklahoma Uninsured driver law
« Reply #62 on: February 27, 2012, 01:03:25 AM »
I think it's a great law. Next we should put all of our health records on a mandatory RFID chip and jam it in our butt so anyone can verify we are not walking around uninsured.
AKA Navy Joe   

I'm so contrarian that I didn't respond to the thread.

cassandra and sara's daddy

  • friends
  • Senior Member
  • ***
  • Posts: 20,781
Re: Pending New Oklahoma Uninsured driver law
« Reply #63 on: February 27, 2012, 08:22:11 AM »
long oratory there br  especially considering it didn't address one persons negligence bankrupting another person with medical bills. or depriving a family of their breadwinner perhaps permanently. one thing i've observed in my own life is that those of my behaviors that aren't "wrong", if we are allowed to use words like right and wrong anymore rarely need defending or justification. and those behaviors/characteristics that are "correctness challenged" inspire and require me to spend effort excusing and justifying   them.   its caused me to adopt a simplistic "if it feels wrong it is wrong" approach that has dramatically changed my life
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

Fly320s

  • friend
  • Senior Member
  • ***
  • Posts: 14,415
  • Formerly, Arthur, King of the Britons
Re: Pending New Oklahoma Uninsured driver law
« Reply #64 on: February 27, 2012, 08:24:56 AM »
The database already exists in the form of DMV/DPS/DOT/court records.  That's why most police cruisers now sport laptop computers.  Running random license plate checks has been routine police business for years.
So, since it already exists, and cops already run random checks that makes everything fine?  How about we let people go about their lives in peace and only have cops investigate people when the cops have probable cause?

Quote
Apples to oranges.  When the average cyclist loses control they are travelling at slower speeds and carry a fraction of a vehicle's mass.  If they hit you chances are you'll be wearing your coffee and have some scrapes and bruises.  A driver loses control and crashes into you and you'll be wearing the steering wheel and getting intimately aqainted with your local emergency medical personnel.

What if the cyclist hits a pedestrian?  How much does a broken arm or a concussion cost?  Money is not the issue. Government control of your life is the issue.

Quote
Gramps, I completely understand your position.  Were this an issue of a choice that affects me and me only then I would be in full agreement.  (Mandatory health care, anyone?)  Unfortunately this isn't the case.  Rather it's an issue of my choice having a significant and profound negative affect on others, and it being a situation which has a reasonable probability of occurance given the nature of activity.  It's not a matter of infringment on personal choice.  It's a matter of adequate fiscal responsibility for an actiona, one which has been forced on us by the large number of people who decided saving a couple bucks was more important than being a responsible driver.

Responsibility can not be dictated by law.
Quote
Franklin's concern was that the goverment not try to save us from ourselves on a personal level.  That is not the case here.  This is an instance of the government being forced to step in when we, the driving public as a whole, proved untrustworthy when given the choice to shield others from the negative impacts of our bad decisions.  I don't like it all that much either but in this case it became necessary because people's actions forced it to be.
That is the case here, unless the mandatory insurance law allows people with big bank accounts to opt out.

Quote
Sorry, but bad drivers who also make overtly bad financial choices are not that way as the result of anything other than their own poor decision making.

Brad

So, punish those people individually. Our legal system already allows for that.
Islamic sex dolls.  Do they blow themselves up?

cassandra and sara's daddy

  • friends
  • Senior Member
  • ***
  • Posts: 20,781
Re: Pending New Oklahoma Uninsured driver law
« Reply #65 on: February 27, 2012, 08:25:54 AM »
our legal system offers bupkus to the victim
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,941
Re: Pending New Oklahoma Uninsured driver law
« Reply #66 on: February 27, 2012, 08:52:13 AM »
long oratory there br  especially considering it didn't address one persons negligence bankrupting another person with medical bills. or depriving a family of their breadwinner perhaps permanently.

Life has the potential to suck hard.  That can't be changed by anything, even government fiat.  The question before us is which sucks harder; Occasionally having a family lose a breadwinner, or allowing the gov to imperfectly dictate that we must buy things.  Which will lead to people that don't buy them, and laws like the one in question to try and enforce that imperfect dictate.  I strongly suspect that many folk's opinion on which sucks more will depend on which of suckage has happened to them.

BR has a good point in the middle of that tl;dr. Here:
Quote
What if we actually held people responsible for accidents that were caused by them actually not behaving in a reasonable manner? What if "reasonable manner" actually meant what it's supposed to mean--not really defined for ordinary injury/property damage cases, but in med-mal cases, it's supposed to be a level of care LESS than the average doctor in that situation.  The rationale there is that docs have to meet an "average doctor" standard, half of 'em are committing malpractice just by walking into the room.  That judge really should've been consulted by the people who drafted NCLB.  But what then?  What if it is actually reasonable to rear-end someone who brakes short in front of you?  Below average level of skill sure, but not unreasonably reckless, not necessarily.

Part of this mess is the need to feel like EVERY accident has someone that needs to be made whole and someone that needs to pay.  If both drivers acted "reasonably" and the accident happened anyway, then I don't see it as either's responsibility to make the other whole.  Sometimes *expletive deleted*it just happens.  and sometimes that *expletive deleted*it is really bad and leaves a family bankrupt.  But the tear jerking consequence of very bad luck doesn't, IMO, justify ever increasing .gov intrusion into the private business agreements of it's citizens. 

Even more so because it's clear that that intrusion doesn't actually stop the tear jerking consequences. After all people are still being killed and maimed everyday by people without insurance.  And that brings me to my main problem with this law.  It's a new law that is trying to address a situation already addressed by other laws.  It's already illegal to drive without insurance, and it's been deemed too much trouble to enforce that law, and people expend quite a bit of effort to get around insuring their vehicle.  This will just add another layer that will be to much trouble to enforce with anything more then lip service, and that people will spend a little more energy to get around.  I doubt even the legislators that drafted it think it will WORK, it's just a law to point at and claim they DID SOMETHING.  That whole "We did something nevermind it doesn't work" idea for laws is always a bad idea.

grampster

  • friend
  • Senior Member
  • ***
  • Posts: 9,454
Re: Pending New Oklahoma Uninsured driver law
« Reply #67 on: February 27, 2012, 08:55:54 AM »
A free society is a messy one.
  
We are no longer a free society.  It's too late to change it without the change being extraordinarily messy.  I think the best we can hope for is that America stays in a holding pattern for a good long while.  That's why it's necessary to change out the government in the fall.

Otherwise, we'll soon see "From each according to his ability and to each according to his needs." as a way of life.

I swan the Progressives won't like that much either.  Life is full of unintended consequences and sadly a good deal of us don't seem to grasp that notion.  

  
"Never wrestle with a pig.  You get dirty, and besides, the pig likes it."  G.B. Shaw

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 44,463
  • I Am Inimical
Re: Pending New Oklahoma Uninsured driver law
« Reply #68 on: February 27, 2012, 08:56:03 AM »
"Anyone with a lien on their car would have insurance without laws mandating it."

Uhm... all I have to say to that is Bull and *expletive deleted*.

There is absolutely nothing to prevent someone with a car loan from canceling their insurance, letting it lapse, etc.

Just because someone has a loan on their car doesn't make them hyper responsible.



Personally, I think uninsured drives who cause injury accidents should be dealt with the same way that impaired drivers who cause injury accidents should be dealt with -- summary roadside trial and execution.

Brain piles on the sides of the road might serve as a deterrent.
« Last Edit: February 27, 2012, 09:00:28 AM by Mike Irwin »
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

cassandra and sara's daddy

  • friends
  • Senior Member
  • ***
  • Posts: 20,781
Re: Pending New Oklahoma Uninsured driver law
« Reply #69 on: February 27, 2012, 08:56:27 AM »
its a good imaginary point.  in real life what we have fails to address the issue.  the uninsured folks lack assets to enable those injured to recover. life does suck .  that might mean not driving for some  .  thats doable.  in the real world
It is much more powerful to seek Truth for one's self.  Seeing and hearing that others seem to have found it can be a motivation.  With me, I was drawn because of much error and bad judgment on my part. Confronting one's own errors and bad judgment is a very life altering situation.  Confronting the errors and bad judgment of others is usually hypocrisy.


by someone older and wiser than I

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,941
Re: Pending New Oklahoma Uninsured driver law
« Reply #70 on: February 27, 2012, 09:06:15 AM »
its a good imaginary point.  in real life what we have fails to address the issue.  the uninsured folks lack assets to enable those injured to recover. life does suck .  that might mean not driving for some  . thats doable.  in the real world

In practice, apparently not.

ETA: For clarification: CSD, in your drunken, drug addled past how many people did you know that had licenses suspended or revoked for driving violations.  Of those, how many actually stopped driving and how many threw up some lame ass justification that they needed to drive somewhere.  What makes you think keeping people from driving without insurance will be any more successful?

We can pratter on about the jurisprudence and case law that driving is a privilege, but out here in CSD's vaunted real world the vast majority of people consider it a right, and don't necessarily consent to the governments right to stop them.
« Last Edit: February 27, 2012, 09:10:25 AM by dogmush »

dogmush

  • friend
  • Senior Member
  • ***
  • Posts: 13,941
Re: Pending New Oklahoma Uninsured driver law
« Reply #71 on: February 27, 2012, 09:13:12 AM »
Also, but separately, why do you think it's an imaginary point?  What's so crazy about not trying to hold people to the coals for the outcome of reasonable behavior?  American law has plenty of places where actions are held to the "Reasonable Person" standard.  Why are car wrecks so different?

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 44,463
  • I Am Inimical
Re: Pending New Oklahoma Uninsured driver law
« Reply #72 on: February 27, 2012, 09:18:12 AM »
"Why are car wrecks so different?"

Perhaps because of the entire quasi-religious cult following that automobiles have in this country?

It is odd that some would seemingly give a free pass on this issue...

Would the same be done for, say.... firearms accidents?

YOU KILLED HIM!!!

But it was an accident!

Oh, OK. Not a problem, then.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.

Fly320s

  • friend
  • Senior Member
  • ***
  • Posts: 14,415
  • Formerly, Arthur, King of the Britons
Re: Pending New Oklahoma Uninsured driver law
« Reply #73 on: February 27, 2012, 09:21:40 AM »
"Why are car wrecks so different?"

Perhaps because of the entire quasi-religious cult following that automobiles have in this country?

It is odd that some would seemingly give a free pass on this issue...

Would the same be done for, say.... firearms accidents?

YOU KILLED HIM!!!

But it was an accident!

Oh, OK. Not a problem, then.

I would use the same standard, but I would not mandate that people who own or carry firearms have personal liability insurance.
Islamic sex dolls.  Do they blow themselves up?

K Frame

  • friend
  • Senior Member
  • ***
  • Posts: 44,463
  • I Am Inimical
Re: Pending New Oklahoma Uninsured driver law
« Reply #74 on: February 27, 2012, 09:23:36 AM »
"I would use the same standard, but I would not mandate that people who own or carry firearms have personal liability insurance."

Between you, me, and the other weepy girls and boys attending to this topic, I don't think that's such a bad idea, actually.
Carbon Monoxide, sucking the life out of idiots, 'tards, and fools since man tamed fire.