HomeMy WebLinkAboutZurich Citizens News, 1959-07-22, Page 3WEDNESDAY, JULY 22, 1959
'An Accident Is Just ..."
VICTIM OF TRAFFIC CRASH
IJ GES PERMIT INSURANCE
CE
(WRITTEN BY DON SOUTHCOTT IN THE EXETER
TI MES -ADVOCATE)
Harold Finlay, RR 2, Zurich, can
tell the awful truth behind the
slogan, "An accident is just a word
until you have one."
He was involved in a traffic
crash on April 20, 1958. His wife
was killed, himself and two child-
ren hospitalized. Four other child-
ren luckily escaped injury.
Since then, he's been dogged
with months of personal suffering
and complex court fights. Add to
this the difficullty of a motherless
home and a farm to operate and
the full impact of his plight comes
close to focus—but not very close.
No one knows what Harold Finlay
has gone through.
His story isn't a pleasant one
and he tells it with reluctance.
There's only one reason he'll allow
it to be published: he feels the
public should be aware of the
problems that can arise from traf-
fic accidents, so common now many
view them apathetically.
His major concern is the need
for compulsory auto insurance.
"I'll go further than that," he
Mates. "We should have permit
insurance. Every person should
have insurance before he is allow-
ed to have a driving permit."
"As it is now, those of us who
pay heavy premiums year after
year are the losers if we have an
accident with someone who hasn't
bothered to get insurance. Those
who have paid nothing get the full
benefit; we who buy insurance can
recover little."
Mr. Finlay is concerned, too,
with the legal technicalities
through which insurance compan-
ies are released from responsibil-
ity, technicalities with which the
declined to pay on the grounds
that the insurance dies when the
person for whom it is issued dies.
Mr. Finlay's lawyers have sued
the company and the case has been
heard. But the judge has reserved
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general public cannot cope.
"I've always believed this was a
land of law and justice. I know
now it's a land of law but I'm not
sure of the justice—it appears to
me it's pretty well stretched."
The Hay Township farmer and
his family have been awarded some
$31,485 in damages by a supreme
court. But, contrary to the belief
of some, they haven't received a
cent of it. And it may be they
won't receive nearly that much nor
any part of it for years.
In the meantime, of course,
there has developed a big backlog
of debts "that keep you awake at
night."
"It's not very pleasant to be
owing to people."
The court placed 90 percent of
the responsibility of the accident,
which occurred near Poplar Hill,
on the other driver, Ivan Layng,
23.
Mr. Finlay's insurance company
has long since paid his share of the
ten percent but the other portion
is embroiled in further legal ac-
tion.
The car Layng was driving was
owned by a cousin, Margaret
Campbell. She was willed it by
her mother, who died January 20,
1958. While the mother had paid
for insurance for a period extend-
ing beyond the date of the acci-
dent, the insurance company has
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THE BLOCKSI BROKE,
THE BUMPER'S BENT
AND HERE AM I
WITHOUT A CENT.
judgement. There's no indication
when it will be handed down.
It's a precedent -setting case and
one which may seriously affect car
drivers. If the judge finds the
law favors the company, it will
mean that if a driver is killed in
an accident, his insurance firm
won't be responsible for any of
the damages incurred by the driv-
er.
If the company is held not re-
sponsible, the case may then go to
the unsatisfied judgement fund,
which will occasion further long
delays, as well as at least a two -
third reduction in the benefit.
Mr. Finlay has had other insur-
ance problems. He had an auto
insurance policy which provided
benefits for total disability. From
April 20, the day of the accident,
until August 5, he could not work
and the company paid him for this
period. However, on August 5
the farmer's doctor unsuspectingly
suggested he try some "light trac-
tor work" to determine if it was
possible at all. Someone saw him
get on the tractor that day when
he tried two or three times to plow
before giving up. Although the
test proved he could not work at
that point, the fact that he did
do some—and someone saw it—the
insurance company was legally en-
titled to stop payment and it did
so.
These are some of the Major
legal problems, There have been
many smaller ones. For example,
because it was his car which' came
to rest against a hydro pole, Mr.
Finlay has been presented with
the bill for minor repairs to the
pole. The bill isn't minor, of
course.
And there have been countless
trips to hospital for treatment,
many expensive drugs, pains and
numbness, arthritis and even gan-
grene for this farmer. •
He's doing farm work now, but
only a limited amount because of
internal injuries.
Even if financial compensation
is made, it would be far from re-
placing the most heartrending
loss of all—a wife and mother.
1 But Mr. Finlay has been fortu-
nate in having an 18 -year-old dau-
, ghter, Elizabeth, who has taken
over many of her mother's duties.
"She's been wonderful," he says
with pride, "and so have the other
children; I don't think I could
have come through all this with-
out them."
He has John, 17; Mary, 16; Em-
ma, 14; Jimmy, 12, and Margaret,
9.
In addition to this help, the Hay
farmer is grateful to the support
he's received from his neighbors,
fellow churchmen, and Zurich dist-
(By
Hensall Sale
Prices
our Hensall Correspondent)
Butcher steers. $25.50 to $26;
medium steers, $24.50 to $25; but-
cher steers, $24.50 to $25; fat cows,
$15 to $17; good cows, $18 to $19;
light cows, $20.50 to $21.50; bab-
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good bull calves, $22 to $38; Hol-
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Durham calves, $46 to $63; wean-
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$10 to $13.50; feeders, $14 to $22;
sows, $68 to $74.
aresemerMasieresemarmeagere
ROCK of ACES
EVENTIDE
AND
MEMtRI .LLS
INQUIRIES ARE INVITED
T. PRIME and SON
EXETER
Clinton Seaforth
Phone 41
HU 2-6606
573
FRET NOT MY FRIEND,
NOR WORRIED BE
JUST HITCH A RIDE
TO T.O.C.
PAGE THREE
HAROLD FINLAY RECOVERS, TACKLES FARM AGAIN
... Zurich District Farmer, Family In Accident Year Ago
rict people, who have contributed
in many ways--. financial and ma-
terial donations, assistance with
crops, credit from storekeepers, to
mention some.
sometimes it seems like a mighty
long haul."
I hope people realize that that
slogan means what it says — an
accident is just a word until you
"We'll get through., I'm sure, but have one."
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