golf cart accident, should it be covered by Golf Course General Liability Insurance?

[rogolf]

1 hour ago, tatertot said:

I'm no attorney ... but this seems like a really bad idea. By paying compensation, your friend is admitting 100% guilt and could be opening himself up to further litigation down the road. Professional help is most likely the way to go here.

Lawyers' delight!

[charli]

This is a god awful idea paying them what they ask

[Gxhwh]

As the golf course manager clearly indicated that this accident was my friend's fault ( drove along the wrong direction ), and the other two had pretty clear and solid evidence on their injuries. Plus another friend refer an attorney friend told him that if goes to court, he has almost no chance to walk away without compensation. He just want to settle this issue right here. Again, I am not "my buddy"! As a friend, I can't stop him to settle this problem out of his life.

When I post this topic, I simply want to know if the golf course's GL should cover this or not. At the end, I am very thankful for those who gave some very clear and straight forward advices. While, I also amazed several Holmes that been working pretty hard on if I am the person in this accident. Thanks God. I don't have to deal with this problem, and I am much more thankful that your Holmes are far from my life. 

[farmer]

It's more of a real estate term, but your friend needs some kind of quitclaim where the other party agrees that the settlement is payment in full for any further issues.  Lawyers are kind of expensive, but your friend needs to cover his a**.

[JeffreySpicoli]

27 minutes ago, farmer said:

It's more of a real estate term, but your friend needs some kind of quitclaim where the other party agrees that the settlement is payment in full for any further issues.  Lawyers are kind of expensive, but your friend needs to cover his a**.

You’re spot on, farmer.

 

In this type of situation, it is referred to as a release.

 

[LeoLeo99]

My advice is do nothing unless something or someone official shows up at your door.

[Hawkeye77]

Unfortunately, even though we are good at wasting time in all sorts of ways on here, this is one of those threads where the OP holds back pretty important info - i.e., buddy is completely uninsured.  And no info about the way the alleged victims have presented their demand - i.e., through an attorney, a note with cut up letters from different newspapers, what?  

 

If this is real, only one answer left and it's been given a few times.  Buddy needs to retain an attorney.  No "friendly" attorney advice.  He can afford $6k, he can pay for a couple hours of time (and maybe save the equivalent). Then there will be a review of all the facts including the ones we don't and won't know, an evaluation, and if payment is warranted an appropriate release to accompany it.  

 

Nothing wrong with him doing what he wants about settling it, but still needs someone make sure he's protected.  

Edited May 26, 2021 by Hawkeye77

[LeoLeo99]

Sorry if I missed it, but did he get the wedge back?

[JeffreySpicoli]

23 minutes ago, LeoLeo99 said:

Sorry if I missed it, but did he get the wedge back?

Not yet. The OP is researching it and may give it back after his investigation. The facts are quite convoluted and unclear.

[RSinSG]

Asking for and receiving legal advice in a WRX thread is almost as stupid as those threads involving (potentially) serious medical issues. 

[tsecor]

On 5/23/2021 at 9:44 PM, Gxhwh said:

My buddy involved in a golf cart accident several weeks ago. When he realized he forgot the wedge at the last green, he turned back to look for it. Along the cart path, there was a very sharp turn where the tree and bushes made a bind spot, his cart knocked on to the cart drove by next group golfers. Both my friend and the other two golfers got some injuries, without any broken bone though. 

Now the other two golfers come to my buddy and request 6K of compensation, saying the golf course confirmed that my buddy drove on the wrong direction of one-way golf cart road. 

My question is should this accident covered by golf course GL Insurance? For the blind spot, does golf course need be responsible for it?

Thanks for your input. 

our buddy needs to pay up.....

 

and i highly doubt this is the whole story....sounds fishy

[LukeDonaldsTiger]

18 hours ago, Gxhwh said:

As the golf course manager clearly indicated that this accident was my friend's fault ( drove along the wrong direction ), and the other two had pretty clear and solid evidence on their injuries.
Plus another friend refer an attorney friend told him that if goes to court, he has almost no chance to walk away without compensation.

Seriously, would you pay 6k based on this?!

I know I wouldn’t. This is naive behavior and your buddy sounds like he’s supporting a few Nigerian princes who need to get rid of their inheritance...

 

Better caul Saul!

 

[Exactice808]

On 5/24/2021 at 4:49 PM, Gxhwh said:

Good point. I’m confused on this too. 

Didnt read the whole 3 pages yet but if I may put my "Experience/knowledge" thoughts.

 

1) Being on a golf course there are multiple waivers that exist for liability. Liability being both property damage and bodily injury

2) Assuming Most time when you sign out for the cart there are waivers of liability and waivers of subrogation against the Course.

 

 

Lets not get too technical for "claims" purposes and be straight.

 

Party 1 collided with party 2,  (Collision)  Causing potential Bodily injury to both parties.

 

Claims.

 

party 1 & 2 sustaining injury,  (First all parties go to your medical provider and be made whole) Get your ice pack and Band-Aids for this one, maybe a tissue.......

 

Party 2, now wants $6,000 for pain and suffering (Assuming)  If its medical cost their private insurance would have a right to go after the at fault party if the claim is valid.  EITHER the Party 2 insurance would file a claim against party 1, or a Medical insurance would file small claims against party 1.  

 

The Type of claim, Not knowing what applies.  Either it would be a Medical Insurance against a Homeowners liability policy (If Party 1 has Homeowners insurance, and the extension of coverage endorsement) .  Or a Straight Small claims court. To which Party 1 then could file a claim through their homeowner insurance, OR go to court to fight out a small claims With party 2.

 

 

Party 1 through the claims process could try and bring in the course. but with enough waivers and unless the negligence by the course is established, which it doesnt sound like it. To which party 1 knowingly operating.  Likely The course would not be liable.

 

 

OK Points.

 

1) If your buddy has Homeowners Insurance, FILE the claim.  let them fight it out.

2) Dont pay SQUAT of the $6,000 unless it is by legal demand letter, claim settlement or small claims court judgement.  They can pound sand with the $6,000

3) Accident is Accident, Driving the wrong way or a sharp curve wont imply direct liability. Someone, would have to make the judgment, Not your buddy or the other party.  On a golf course. even less "right or wrong" what happens if you collide in the middle of the fairway, where there is no cart path.

 

 

Those are my thoughts from my experience.

 

GL!

 

 

 

 

[Hawkeye77]

41 minutes ago, Exactice808 said:

Didnt read the whole 3 pages yet but if I may put my "Experience/knowledge" thoughts.

 

1) Being on a golf course there are multiple waivers that exist for liability. Liability being both property damage and bodily injury

2) Assuming Most time when you sign out for the cart there are waivers of liability and waivers of subrogation against the Course.

 

 

Lets not get too technical for "claims" purposes and be straight.

 

Party 1 collided with party 2,  (Collision)  Causing potential Bodily injury to both parties.

 

Claims.

 

party 1 & 2 sustaining injury,  (First all parties go to your medical provider and be made whole) Get your ice pack and Band-Aids for this one, maybe a tissue.......

 

Party 2, now wants $6,000 for pain and suffering (Assuming)  If its medical cost their private insurance would have a right to go after the at fault party if the claim is valid.  EITHER the Party 2 insurance would file a claim against party 1, or a Medical insurance would file small claims against party 1.  

 

The Type of claim, Not knowing what applies.  Either it would be a Medical Insurance against a Homeowners liability policy (If Party 1 has Homeowners insurance, and the extension of coverage endorsement) .  Or a Straight Small claims court. To which Party 1 then could file a claim through their homeowner insurance, OR go to court to fight out a small claims With party 2.

 

 

Party 1 through the claims process could try and bring in the course. but with enough waivers and unless the negligence by the course is established, which it doesnt sound like it. To which party 1 knowingly operating.  Likely The course would not be liable.

 

 

OK Points.

 

1) If your buddy has Homeowners Insurance, FILE the claim.  let them fight it out.

2) Dont pay SQUAT of the $6,000 unless it is by legal demand letter, claim settlement or small claims court judgement.  They can pound sand with the $6,000

3) Accident is Accident, Driving the wrong way or a sharp curve wont imply direct liability. Someone, would have to make the judgment, Not your buddy or the other party.  On a golf course. even less "right or wrong" what happens if you collide in the middle of the fairway, where there is no cart path.

 

 

Those are my thoughts from my experience.

 

GL!

 

 

 

 

LOL, there is no insurance. 

[Exactice808]

38 minutes ago, Hawkeye77 said:

LOL, there is no insurance. 

damn.... just read through the thread,.  Just saw it..

 

 

Never pay..... unless you have a loss settlement agreement, FFS..... Immigrant (not against it, they will abuse this if the know) ...... talk about blackmail now , If this guy pays out this is going to be an endless nightmare...

 

 

If he pays out he better get a signed waiver of all claims after the payout...

[JeffreySpicoli]

13 minutes ago, Exactice808 said:

damn.... just read through the thread,.  Just saw it..

 

 

Never pay..... unless you have a loss settlement agreement, FFS..... Immigrant (not against it, they will abuse this if the know) ...... talk about blackmail now , If this guy pays out this is going to be an endless nightmare...

 

 

If he pays out he better get a signed waiver of all claims after the payout...

You hit the nail on the head. (Not that it hadn’t already been smacked a few times.)

 

Unfortunately, I don’t think the OP is going to properly get this advice to his “buddy.”

 

What a sh*tshow.

[Hawkeye77]

It's been entertaining - still would be interesting to know how the $6k demand was presented and if there are any pics of aggrieved.

 

If it's a stickup I feel bad for the guy, but who knows about any of this stuff.

[Exactice808]

1 minute ago, JeffreySpicoli said:

You hit the nail on the head. (Not that it hadn’t already been smacked a few times.)

 

Unfortunately, I don’t think the OP is going to properly get this advice to his “buddy.”

 

What a sh*tshow.

I read through most..... Honestly I think its both, There is more to this story than we know.  But Also the buddy willing to shell out $6,000 is a sign.  Someone brought legitimate docs on regards to a loss, I would not mess around just paying. I would hire legal council to make sure its settle properly.

 

Hell, dealing with it now, and I have 4 lawyers in my back pocket JUST INCASE....something stupid happens.  $6,000 as a pay out..... no one pays off $6,000 without any other guarantees......


https://www.google.com/search?q=loss+settlement+waiver+PDF&rlz=1C1CHBF_enUS945US945&sxsrf=ALeKk00aN8iY37tfqUEzSADcimXoZd2qFg%3A1622072336034&ei=ENyuYMHXAaP89APPgKuICg&oq=loss+settlement+waiver+PDF&gs_lcp=Cgdnd3Mtd2l6EAMyBQghEKsCOgcIIxCwAxAnOgcIABBHELADOgUIIRCgAToICCEQFhAdEB5QiAtYmxFg3xJoAXACeACAAZ0BiAGzBZIBAzAuNZgBAKABAaoBB2d3cy13aXrIAQnAAQE&sclient=gws-wiz&ved=0ahUKEwjBn46rwujwAhUjPn0KHU_ACqEQ4dUDCA8&uact=5

 

 

OP buddy better google it......enough of them out there.....

[JeffreySpicoli]

1 minute ago, Exactice808 said:

I read through most..... Honestly I think its both, There is more to this story than we know.  But Also the buddy willing to shell out $6,000 is a sign.  Someone brought legitimate docs on regards to a loss, I would not mess around just paying. I would hire legal council to make sure its settle properly.

 

Hell, dealing with it now, and I have 4 lawyers in my back pocket JUST INCASE....something stupid happens.  $6,000 as a pay out..... no one pays off $6,000 without any other guarantees......


https://www.google.com/search?q=loss+settlement+waiver+PDF&rlz=1C1CHBF_enUS945US945&sxsrf=ALeKk00aN8iY37tfqUEzSADcimXoZd2qFg%3A1622072336034&ei=ENyuYMHXAaP89APPgKuICg&oq=loss+settlement+waiver+PDF&gs_lcp=Cgdnd3Mtd2l6EAMyBQghEKsCOgcIIxCwAxAnOgcIABBHELADOgUIIRCgAToICCEQFhAdEB5QiAtYmxFg3xJoAXACeACAAZ0BiAGzBZIBAzAuNZgBAKABAaoBB2d3cy13aXrIAQnAAQE&sclient=gws-wiz&ved=0ahUKEwjBn46rwujwAhUjPn0KHU_ACqEQ4dUDCA8&uact=5

 

 

OP buddy better google it......enough of them out there.....

I thought about it that. There are other scenarios. Perhaps the “buddy” made a fortune in “distribution,” if you catch my drift.

[Exactice808]

58 minutes ago, Hawkeye77 said:

It's been entertaining - still would be interesting to know how the $6k demand was presented and if there are any pics of aggrieved.

 

If it's a stickup I feel bad for the guy, but who knows about any of this stuff.

Not going to lie, I know if this ALL the time... I deal with this on a monthly basis, you know how many freaking fraudulent claims come through.

 

 

1) Client went to a nail Salon,  Got the pedi mani, they had a cubby box to store/lock their personal items,  of course they took of their $1X,XXX ring off..... come back and its gone..... COMMON!!!

 

2) Client gets into an accident.  rear ends another party (Small damage, screw imprint on the bumper)  Other party demands cash, $1,000.  They dont call police (UGH) and say they will settle it separate. Client gets hounded for cash, calls me "finally" I said did you call the police, no... did you take pictures...no.  We file the claim. The adjuster comes back with like $3,000 in damages.  Turns out the other party went home and smashed the rear end with a bat.  The stupid part was the idiot hit the tail lights too, the car is too small to have reached tail lights to crack them. My client had no damages to cause that much damages to the other party.

 

But these idiots that try to defraud innocent people and insurance companies.  I hope OP's friend doesnt get blackmailed. this sounds like TROUBLE. 

Edited May 27, 2021 by Exactice808

[lefty1978]

I would have given them my attorneys info and told other party to have their attorney contact them. You have to prove $6k in damages, pain and suffering is bs, won't hold. Bottom line is I wouldn't pay a dime unless ordered to.

[Snowbirdie]

On 5/26/2021 at 5:58 PM, Exactice808 said:

Didnt read the whole 3 pages yet but if I may put my "Experience/knowledge" thoughts.

 

1) Being on a golf course there are multiple waivers that exist for liability. Liability being both property damage and bodily injury

2) Assuming Most time when you sign out for the cart there are waivers of liability and waivers of subrogation against the Course.

 

 

Lets not get too technical for "claims" purposes and be straight.

 

Party 1 collided with party 2,  (Collision)  Causing potential Bodily injury to both parties.

 

Claims.

 

party 1 & 2 sustaining injury,  (First all parties go to your medical provider and be made whole) Get your ice pack and Band-Aids for this one, maybe a tissue.......

 

Party 2, now wants $6,000 for pain and suffering (Assuming)  If its medical cost their private insurance would have a right to go after the at fault party if the claim is valid.  EITHER the Party 2 insurance would file a claim against party 1, or a Medical insurance would file small claims against party 1.  

 

The Type of claim, Not knowing what applies.  Either it would be a Medical Insurance against a Homeowners liability policy (If Party 1 has Homeowners insurance, and the extension of coverage endorsement) .  Or a Straight Small claims court. To which Party 1 then could file a claim through their homeowner insurance, OR go to court to fight out a small claims With party 2.

 

 

Party 1 through the claims process could try and bring in the course. but with enough waivers and unless the negligence by the course is established, which it doesnt sound like it. To which party 1 knowingly operating.  Likely The course would not be liable.

 

 

OK Points.

 

1) If your buddy has Homeowners Insurance, FILE the claim.  let them fight it out.

2) Dont pay SQUAT of the $6,000 unless it is by legal demand letter, claim settlement or small claims court judgement.  They can pound sand with the $6,000

3) Accident is Accident, Driving the wrong way or a sharp curve wont imply direct liability. Someone, would have to make the judgment, Not your buddy or the other party.  On a golf course. even less "right or wrong" what happens if you collide in the middle of the fairway, where there is no cart path.

 

 

Those are my thoughts from my experience.

 

GL!

 

 

 

 

Best answer yet.

 

 

I have been sued many times.  I have 1000s of clients / insurance business

 

1st things first.  

WHERE did this happen?  Inside a major city?  Or bumfu€]<?

 

If this happens in a very litigious area then you MAY have a chance at being sued.  If its in a rural area?  No chance unless the other guy IS or is closely related to an attorney that has no cases on his desk.  

 

Homeowners may not cover it.  If they don't cover it neither will the umbrella.  Depends on the carrier.  A top Insurance co WILL cover it.   (Chubb)    Any carrier you see advertised frequently on TV may not.  

 

The police WILL not come.  It's a civil matter and not a road.  They wont come to a fender bender in a car at Costco parking lot or the golf course.  Cart path....haha no way.  Unless it was intentional and considered assault with a cart.

 

Since the police aren't coming and this path is used both ways the liability has to be proven by a lawyer on the at fault driver without a police report.  Unlikely.  Driving both ways because I have been a grounds keeper mowed tees, greens on a 5☆ course.  Unless stated otherwise the cart paths are meant to be used either way.   In case of signage even then it's not an enforceable sign under local statute, private property.

 

No lawyer is going to take this on a contingency basis for $2000.  It's not worth their time.  They'll send a demand letter and hope the defendant is an idiot and pays it or worse calls their insurance company, admitting total fault.  If we were talking a broken leg or spinal injury requiring ambulance then yea game on.  The party suing should have called the FD and asked for an EMT asap citing neck pain.

 

In this serious case the golf course may become liable also for.  

 

Ultimately small claims are going to be play golf at your own risk.   I have more to say on this but wifes screaming to hit the beach.   

 

Keep it in the short $hit!

 

[sui generis]

3 minutes ago, Snowbirdie said:

Best answer yet.

 

New "Best answer yet."

 

But, how dare you bring expertise to this question? Our stock-in-trade here is half-baked opinions and when that doesn't work, threats of violence are offered. 😏

[Snowbirdie]

Haha any more free professional guidance should cost the next person a lesson  in helping me overcome my dam OTT swing.   Being in this business I couldn't help but ponder the situation further.  If the OP wants to help his friend sleep better tell him this.  Very few attorneys will waste time suing an immigrant with no job home car or assets in this country, it is almost a futile endeavour.  

[puresurfr]

 Hey man glad that you and your buddy didnt get hurt !!!!  It sucks that the other party did.  Was this at Pelican Hill ?? 

[nsxguy]

On 5/26/2021 at 9:44 AM, RSinSG said:

Asking for and receiving legal advice in a WRX thread is almost as stupid as those threads involving (potentially) serious medical issues  blades vs. cavity backs.

 

Fixed that for ya,,,,,,,,,