The Caring Elders

by cantleave 50 Replies latest jw friends

• 

  blondie

  The problem here is that jws are strongly discouraged (forbidden) to sue another jw. While each congregation is self-insured through the WTS, it seems to be for specific things. Since the elder was acting on his own and not as a rep of the WTS, suing the congregation may not be possible. Suing him as an individual could bring pressure from the BOE. Is it possible to get this elder to make monthly payments set up legally (see an attorney). Were they any eyewitnesses to the accident or his taking the keys from you?

  *** w78 6/15 p. 9 The Sermon on the Mount—"Do Not Resist Him That Is Wicked" ***In agreement with this counsel, the apostle Paul wrote to Christians at Corinth: "Really, then, it means altogether a defeat for you that you are having lawsuits with one another. Why do you not rather let yourselves be wronged? Why do you not rather let yourselves be defrauded?" (1 Cor. 6:7) Yes, they should have been willing to suffer personal loss rather than to see the congregation’s reputation hurt publicly by some controversy at court.
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  cantleave

  Thank you all for your input. In answer to some of the specifics -

  Yes there were eye witnesses but not the sort who would be happy to make a stink.

  The elder concerned is best friends with the CBOE and has been appointed his nominal "deputy".

  The sister concerned has an elder who is assisting her and he has given some pretty solid advice so far.

  The elder concerned makes a big issue of how simple his life is, how much he does on the service and how people shouldn't pay so much attention to material things. I can see him throwing the Blondie card.
• 

  freydo

  What kind of insurance does she have that doesn't cover other drivers?
• 

  blondie

  http://wiki.answers.com/Q/Whose_auto_insurance_will_cover_you_if_driving_another_person's_car

  (the rest of this website could be helpful)

  Insurance Coverage in someone else's vehicle

  As a general rule and with permissive use. The liability, uninsured motorist and medical portions of your Personal Auto insurance policy will follow you and provide coverage for you when operating another personal vehicle. In some cases certain property coverage may also follow you.

  Your Personal auto Policy will "Not" follow you for operation of a hired business or commercial use vehicle.

  If the "personal" use vehicle being driven has adequate active coverage then that policy is customarily treated as primary and any coverage the driver has is secondary or excess in the event damages exceed the limits of the vehicle owner's insurance policy.

  In the event that the vehicle being driven is discovered to have inadequate or no coverage at all, then the applicable portions of the drivers own active auto policy will invoke and act in lieu of primary coverage.

  The degree of coverage beyond the above that may invoke are dependent on various factors such as the reason for driving the other vehicle, loaners, rentals or replacement status vehicles and other local or state regulations.
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  cantleave

  This is the UK although the sister is fully comp, a driver has to be named on a policy to be fully covered under the terms of the policy. Another driver will have only limited cover if they drive someone elses car which is why the brother although fully comp on his own car was only third party, fire and theft when driving the sisters car.

  Unfortunately the sister is a good christian and wouldn't lie to her insurance company about who was driving.

  Even had she been covered there would still have been excess to pay, this is usually recovered from the person at fault and he made no attempt to offer to pay it.
• 

  zombie dub

  Report him to the police and get a crime reference number, tell them he drove the car without permission (if this is true) and then it's a criminal offence and he will be made to pay for damages - you can try the small claims court too
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  blondie

  Then based on the constraints she places on herself, I would continue to work through the other elder and get this offending elder to pay this off in time installments. Establish his responsibility in a written, witnessed (by 2 elders) statement, and set up some legal penalty should he default. What is the word "restitution"? Events like this tend to bring out the nonchristian attributes that too many jws really have. (sorry, didn't notice the UK location).
• 

  OnTheWayOut

  The elder concerned makes a big issue of how simple his life is, how much he does on the service and how people shouldn't pay so much attention to material things.

  A person's lifestyle and ability to pay for damages does not decide who should pay. It only effects the terms of repayment should the party be guilty. Tell him something he can understand in WT language: "If you cannot afford to pay for your mistakes, you should not have hopped behind the wheel. "

  I would strong-arm the whole situation. "Brother, as much as I don't want to do this, I would consider a legal resolution if we cannot work this out on our own. Since WT doesn't want us to 'sue' our brothers, I am working through WTS first, revealing our personal problem and asking for help from the organization before escalating to legal actions." NOW- that's two threats. 1. A lawsuit may result. 2. WTS is made aware of his dissing a member.
• 

  creativhoney

  Judge Judy would sort this out in a jiffy.
• 

  Mad Sweeney

  If he literally took her keys and drove her car without her permission isn't that grand theft auto? She ought to mention that to him, and her attorney, too.