Little Guy and Big Insurance

Sometimes, the little guy wins.

I was reading in The Epoch Times last week that Mr. Norman Baudisch, representing himself, managed to win an insurance case against a nameless Big Insurer. (The story said the name of the insurer was not important, since you could substitute the name of any big insurer and you would be describing at least one case for any of them.)

Our David in this Goliath story was waiting to turn left in an intersection. He waited until the light turned yellow and for oncoming traffic to come to a stop. Someone ran the light and hit him as he was completing his turn. The police originally charged both Mr. Baudisch and the other driver. When Mr. Baudisch reported what had happened to his insurer, he was told that he was 100% at fault.

Apparently, if you are even a measly 1% at fault, your insurance rates can -- and do -- increase.

The other driver paid their ticket from the police, but Mr. Baudisch fought his and the crown withdrew the charges. You would think this would set the stage for Mr. Baudisch to get a proper settlement from his insurer. You would be wrong.

In fact, Mr. Baudisch had to fight his insurer every step of the way. He disagreed with the assessment of the value of his vehicle. He disagreed with the GST amount he was offered (which was nothing). He got an appraisal that put the value of his car at $2,000 more than the insurance was offering. His insurance company refused to pay the additional.

Mr. Baudisch started the process of legal action. First he sued the other driver for the additional $2,000 and won! He thought this would influence his insurer to reduce his liability in the case to 0. It did not and his rates went up.

The saga continued, with Mr. Baudisch taking his own insurer to trial. He felt he had been treated very badly by his insurer, and that there was a principle at stake here. Mr. Baudisch actually represented himself in this case, against the high priced legal team representing the insurer.

The judge must have been impressed -- Mr. Baudisch won the case. The judge's lengthy decision lambasted the insurer for lack of good faith, and many other items.

Nice to see the little guy win.

Monique L. Attinger
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