Comments on: On eve of grand jury hearing, family of assault victim releases statement http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156 Portland Oregon bicycle news, events, culture, travel and opinion. Mon, 28 May 2012 20:52:37 -0700 http://wordpress.org/?v=2.9.1 hourly 1 By: Mimi Luther http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1511360 Mimi Luther Wed, 03 Mar 2010 21:54:07 +0000 http://bikeportland.org/?p=23156#comment-1511360 Just wanted to give an update: Thompson (the driver of the car) goes to trial on Monday, 3/8. He's being charged with Assault 1 and Assault 2. My brother is still recouperating - doing alright, but still with significant deficits especially in terms of short and immediate memory. I'll post more after Monday's trial. Just wanted to give an update: Thompson (the driver of the car) goes to trial on Monday, 3/8. He's being charged with Assault 1 and Assault 2. My brother is still recouperating - doing alright, but still with significant deficits especially in terms of short and immediate memory. I'll post more after Monday's trial.

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]]> By: Andrew http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1420511 Andrew Fri, 11 Sep 2009 00:54:04 +0000 http://bikeportland.org/?p=23156#comment-1420511 Peejay #10- I can understand how it can seem that way, but insurance is to cover accidents that occur. Intentional acts are the opposite of accidents. If insurance companies covered intentional acts people would be able to intentionally run bicyclists (or anyone) and not be personally responsible (civilly at least), it's too great a risk and probably not a good idea to cover intentional acts. Horrified #9- I agree, plus it would be self defeating. He would still be liable for his actions and he would not have the coverage of his insurance policy, leaving himself personally exposed to suits and legal action. More than likely Mr. Conrad would want to present this as an accident to avoid the personal risk of lawsuit, and the insurance company will work equally as hard to prove it was intentional. This is said without any bearing of what actually happened. Even if it was an accident, it doesn't seem to be in this case, the insurance company will work as hard it can to present it as intentional. Dabby #15- This is true, but only if there is coverage for this accident. If it was an intentional act, there will not be. State minimum for Personal Injury Protection in OR is $15,000.00, which many (maybe most) people in the state carry. This amount can easily be spent before Mr. Luther left the ER. Not nearly enough coverage. Hopefully, Mr. Luther has a car and active coverage. Most auto policies will activate PIP coverage for an insured even if the accident occurred on a bicycle, it may be statute law, but I am not sure. What would be better is if we had universal healthcare, then this whole conversation would be moot and it would allow the Luthers' to focus on recovering from these horrific actions and not worry about how they will pay for Mr. Luther's medical care. /sorry for the healthcare soapbox I know this is a bike forum, but I can't help noticing how it effects everything. Peejay #10- I can understand how it can seem that way, but insurance is to cover accidents that occur. Intentional acts are the opposite of accidents. If insurance companies covered intentional acts people would be able to intentionally run bicyclists (or anyone) and not be personally responsible (civilly at least), it's too great a risk and probably not a good idea to cover intentional acts.

Horrified #9- I agree, plus it would be self defeating. He would still be liable for his actions and he would not have the coverage of his insurance policy, leaving himself personally exposed to suits and legal action. More than likely Mr. Conrad would want to present this as an accident to avoid the personal risk of lawsuit, and the insurance company will work equally as hard to prove it was intentional. This is said without any bearing of what actually happened. Even if it was an accident, it doesn't seem to be in this case, the insurance company will work as hard it can to present it as intentional.

Dabby #15- This is true, but only if there is coverage for this accident. If it was an intentional act, there will not be. State minimum for Personal Injury Protection in OR is $15,000.00, which many (maybe most) people in the state carry. This amount can easily be spent before Mr. Luther left the ER. Not nearly enough coverage. Hopefully, Mr. Luther has a car and active coverage. Most auto policies will activate PIP coverage for an insured even if the accident occurred on a bicycle, it may be statute law, but I am not sure.

What would be better is if we had universal healthcare, then this whole conversation would be moot and it would allow the Luthers' to focus on recovering from these horrific actions and not worry about how they will pay for Mr. Luther's medical care.

/sorry for the healthcare soapbox I know this is a bike forum, but I can't help noticing how it effects everything.

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]]> By: Dabby http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1419568 Dabby Wed, 09 Sep 2009 07:52:16 +0000 http://bikeportland.org/?p=23156#comment-1419568 If the driver had insurance, the PIP will pay the medical bills... If the driver had insurance, the PIP will pay the medical bills...

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]]> By: K'Tesh http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1416745 K'Tesh Sun, 06 Sep 2009 04:07:16 +0000 http://bikeportland.org/?p=23156#comment-1416745 Get Well Soon Mike! God Bless! Get Well Soon Mike!

God Bless!

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]]> By: Horrified http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1416477 Horrified Sat, 05 Sep 2009 20:35:21 +0000 http://bikeportland.org/?p=23156#comment-1416477 Re: #9 If Conrad admits to running over Mike Luther in order to save <i>his insurance company</i> money, he is insane. He must want to be in jail for assault/battery and lose the personal injury lawsuit that should be filed against him. I hope he has some money that can be taken from him. Re: #9
If Conrad admits to running over Mike Luther in order to save his insurance company money, he is insane. He must want to be in jail for assault/battery and lose the personal injury lawsuit that should be filed against him.

I hope he has some money that can be taken from him.

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]]> By: Mimi Luther http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1416426 Mimi Luther Sat, 05 Sep 2009 18:39:27 +0000 http://bikeportland.org/?p=23156#comment-1416426 Thanks - I'll work on seeing if we can set up something via PayPal. Every little bit will help right now. Thanks - I'll work on seeing if we can set up something via PayPal. Every little bit will help right now.

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]]> By: Peter Noone http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1415992 Peter Noone Sat, 05 Sep 2009 02:30:09 +0000 http://bikeportland.org/?p=23156#comment-1415992 For those of us who don't find ourselves near a US Bank very often, is there a way to make a donation online? If I could just click a button and pay through something like PayPal, I would have already donated. As it is, I may end up not donating, even though I'd really like to, only because my daily routine doesn't take me anywhere near a US Bank. -Bisy Backson For those of us who don't find ourselves near a US Bank very often, is there a way to make a donation online? If I could just click a button and pay through something like PayPal, I would have already donated. As it is, I may end up not donating, even though I'd really like to, only because my daily routine doesn't take me anywhere near a US Bank.

-Bisy Backson

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]]> By: peejay http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1415856 peejay Fri, 04 Sep 2009 23:32:15 +0000 http://bikeportland.org/?p=23156#comment-1415856 Andrew: I'm sure you're right, but that's quite a weasel-clause on the part of the insurance companies. I mean, it's surprising they don't agree with us and say that, since there really is no such thing as an "accident", they won't pay for anything! Andrew:

I'm sure you're right, but that's quite a weasel-clause on the part of the insurance companies. I mean, it's surprising they don't agree with us and say that, since there really is no such thing as an "accident", they won't pay for anything!

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]]> By: Andrew http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1415841 Andrew Fri, 04 Sep 2009 22:48:15 +0000 http://bikeportland.org/?p=23156#comment-1415841 If I understand the story correctly Mr. Conrad had backed into Mr. Luther intentionally. If this is the case then chances are that Mr. Conrad's insurance will not cover any of the medical bills. Most auto insurance policies exclude intentional acts. Of course he can fight it in Arbitration or court, but his chances are not very good. It really depends on what Conrad claims his intentions were. If he didn't intend to injury or strike Mr. Luther but to just scare him and acidentally struck him then they may be coverage, but if he intended to back over him then there will not. If I understand the story correctly Mr. Conrad had backed into Mr. Luther intentionally. If this is the case then chances are that Mr. Conrad's insurance will not cover any of the medical bills. Most auto insurance policies exclude intentional acts. Of course he can fight it in Arbitration or court, but his chances are not very good. It really depends on what Conrad claims his intentions were. If he didn't intend to injury or strike Mr. Luther but to just scare him and acidentally struck him then they may be coverage, but if he intended to back over him then there will not.

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]]> By: Joe http://bikeportland.org/2009/09/04/on-eve-of-grand-jury-hearing-family-of-assault-victim-releases-statement-23156#comment-1415707 Joe Fri, 04 Sep 2009 18:22:34 +0000 http://bikeportland.org/?p=23156#comment-1415707 wow good to know this #5 I wish Mike a full recovery from this! wow good to know this #5 I wish Mike a full
recovery from this!

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