Facts of loss as presented by the insured: He fell asleep at the wheel, went off the road, woke up, tried to correct, hit a tree. Passenger was asleep in passenger seat (reclined) and she was injured.
Oh, there was the fact that she was married and they were in the process of an affair at the time.
And it was 5:00 AM on her birthday.
I mentioned these facts of loss, off hand, to a co-worker, who promptly stated "He didn't fall asleep. Her head was in his lap and he had an orgasm. THAT'S why he lost control of the vehicle."
And the light went on for me. Now it makes SO MUCH MORE SENSE that she's claiming that her buttocks hit the windshield and her head hit the gearshift.
So much more sense.
So yes, lady, some of this is your fault. It's the legal principal called "assumption of risk." Real life example is that if you are giving your boyfriend a hummer while he's driving, you assume the potential risk of a car accident. Dumb ass.
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