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NY Times Article on Amtrak Indemnification
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[quote]QUOTE: <i>Originally posted by jeaton</i> <br /><br />Andrew <br /> <br />You might as well lighten up on this. Here is a news flash. It is rare that the person or entity that causes a personal injury actually pays the injured party with personal funds. <br /> <br />A kid blowing down the highway at twice the speed limit turns to swap some spit with his girl friend, blows a stop sign and smashes into your car leaving you in a wheel chair for the rest of your life. You sue and get an award that is big enough to cover all of your needs for the rest of your life plus several million more in punitive (punishment) <br />damages. The money is going to be paid by the kids insurance company. No matter how hard you tried, you probably could not get an order that the kid pay you money out of his own pocket as punishment for his deed. <br /> <br />That is called transfer of risk. It is a fact of our world and it is not going to change. <br /> <br />If Amtrak had not agreed to take the risk for personal injuries of its passengers, their rent payments to the host railroads would increase by an amount about equal to the amount they pay out for personal injuries. So why would the railroads demand this indemnification? Think about it. If a freight train is in a wreck, the chance of personal injury is very low. If a passenger train is in a wreck, the chances for personal injury could be a hundred times greater. So the railroads said, "If you want us to run your trains, either pay us in rent an amount to cover possible personal injury claims or agree to pay the claims yourself. <br /> <br />That is just the way it works. <br />[/quote] <br /> <br />Whoops. Hold on a second. Insurance companies are prohibited by law in all states from paying punitive or exemplary damages. Insurance does not cover the intentional act of the insured. Negligence however is covered and to the extent damages are awarded for negligent conduct damage awards of compensatory damages including loss of future earnings, pain and suffering and loss of consortium are recoverable and that can easily be in the Millions, especially in a quadraplegia case. <br /> <br />LC
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