Talk of The Villages Florida

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-   All About Golf Carts and Things (https://www.talkofthevillages.com/forums/all-about-golf-carts-things-156/)
-   -   Golf cart speed (https://www.talkofthevillages.com/forums/all-about-golf-carts-things-156/golf-cart-speed-32401/)

IAMDMRAE 11-30-2010 08:53 PM

Very ,very highly unlikely if not next to impossible. Maybe if she threatens the judge or cuts the judge off in traffic in her golf cart on the way to the hearing.

bimmertl 11-30-2010 09:21 PM

Quote:

Originally Posted by EdVinMass (Post 312164)
You are completely missing the point here. It’s not the fact that modifications were made to the golf cart that can be the basis for denial of coverage. It’s the fact that the vehicle was altered in such a way that it no longer meets Florida’s definition of a golf cart (regardless of what the bill of sale says it is). Here’s the definition:

FS 320.01(22) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.

So if you alter your vehicle in such a way (whether you informed them or not), your golf cart insurance policy is no longer valid any more than your automobile policy would be for a vehicle that turned out to actually be a tractor trailer.

And as further evidence, I submit that the Sheriff’s department is regularly issuing tickets here to those owners of those altered carts for “driving an unregistered motor vehicle” and it’s being upheld in the courts. So likewise, an insurance adjuster will deny a claim for such a vehicle in the blink of an eye.

The "Florida definition of a golf cart" is not relevant to the insurance definition of a golf cart. It's still a golf cart under the policy. It merely is not a golf cart that qualifies as a low speed vehicle under the Florida motor vehicle statutes. Florida could define a golf cart going over 20mph as a high speed train, but that doesn't affect the policy language.

The insurance policy defines the parameters of the coverage under the insurance policy and the Florida statutory language doesn't exist in the insurance policy. The insured and insurer are bound by the language in the insurance policy, not the statutory definition of the state.

Obviously this is way beyond your limited knowledge and understanding of contractual and insurance law.

Indydealmaker 11-30-2010 09:30 PM

If a poster on this forum feels comfortable denigrating the well-intentioned opinions of others, then that poster should, at minimum, establish his credentials. If not, then just agree to disagree, but politely.

downeaster 11-30-2010 09:41 PM

Quote:

Originally Posted by bimmertl (Post 312257)
The "Florida definition of a golf cart" is not relevant to the insurance definition of a golf cart. It's still a golf cart under the policy. It merely is not a golf cart that qualifies as a low speed vehicle under the Florida motor vehicle statutes. Florida could define a golf cart going over 20mph as a high speed train, but that doesn't affect the policy language.

The insurance policy defines the parameters of the coverage under the insurance policy and the Florida statutory language doesn't exist in the insurance policy. The insured and insurer are bound by the language in the insurance policy, not the statutory definition of the state.

Obviously this is way beyond your limited knowledge and understanding of contractual and insurance law.

EdVinMass has made many contributions to this forum. He does not deserve such put downs. More respect is lost than gained by such remarks.

Keep on posting, Ed.

iandwk 11-30-2010 10:43 PM

Quote:

Originally Posted by EdVinMass (Post 312164)
You are completely missing the point here. It’s not the fact that modifications were made to the golf cart that can be the basis for denial of coverage. It’s the fact that the vehicle was altered in such a way that it no longer meets Florida’s definition of a golf cart (regardless of what the bill of sale says it is). Here’s the definition:

FS 320.01(22) “Golf cart” means a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.

So if you alter your vehicle in such a way (whether you informed them or not), your golf cart insurance policy is no longer valid any more than your automobile policy would be for a vehicle that turned out to actually be a tractor trailer.

And as further evidence, I submit that the Sheriff’s department is regularly issuing tickets here to those owners of those altered carts for “driving an unregistered motor vehicle” and it’s being upheld in the courts. So likewise, an insurance adjuster will deny a claim for such a vehicle in the blink of an eye.

This should be enough to convince anyone. Instead of sniping at others, perhaps the naysayers on this thread would profit by simply checking with the sheriff's department to either verify this statement or find out if they are right in their surmising. It would also be very easy to call two or three insurance providers and ask them about this issue. If they find out they have been wrong, perhaps they will have the good manners to come back to the thread and post apologies.

Here's a quote from an older thread from a couple of weeks ago:


Sumter county golf cart citations 8/1-10/11
Received this from a person who was at the meeting.


I just came from a District 6 meeting at which the Sumter County Sherriff’s Dept. presented the golf cart citations issued between Aug 11th and Oct 11th. There were 64 citations in all, 9 for Ran Stop Sign, 1 for Possession of Open Container – Driver, and 56 for No Motor Vehicle Registration. The No Motor Vehicle Registration meant that the non-street legal golf cart was operated in excess of 20mph while on public road – path portion or otherwise. The citation requires a court appearance. In general, offenders are required to demonstrate to the judge that repairs have been made to limit the cart’s speed to 20mph and pay court costs of $250. At the judge’s discretion, the several hundred dollar fine is waived.


I went to the safety seminar about the time this thread started. The sheriff's deputies there gave the same statistics. People at the seminar were upset about it just like the people on this forum. The deputies stated that if a golf cart is altered to go more than 20 mph, it is no longer a golf cart, but an lsv. The insurance agent and the golf cart dealership owner there confirmed this and said coverage would be denied for an accident caused by an altered golf cart. We can argue about this on and on, but the facts are very simple to obtain. Instead of insulting one another because we don't agree, why not search for the truth? Here's the number for a local Allstate agent: 352-753-4340. I go by what they say because that is who I insure with. I recommend calling one's own agent and finding out their policy.
__________________

EdV 12-01-2010 08:49 AM

Quote:

Originally Posted by bimmertl (Post 312257)
The "Florida definition of a golf cart" is not relevant to the insurance definition of a golf cart....

That’s hogwash and you know it.

But wait a minute, come to think of it I guess I can’t blame a person for laying out a little chum to drum up some business. After all, if we follow your advice and the insurance company denies our claim we would need to sue them. And to do that, we would need an attorney, like maybe you, right?

Talk Host 12-01-2010 10:01 AM

Quote:

Originally Posted by iandwk (Post 312274)
I recommend calling one's own agent and finding out their policy.
__________________

While your advise is completely sound, I'll bet not one of the readers of this thread will do that.

iandwk 12-01-2010 10:09 AM

Quote:

Originally Posted by Talk Host (Post 312319)
While your advise is completely sound, I'll bet not one of the readers of this thread will do that.

It seems sniping is the preferred method of settling differences. "Don't confuse me with facts," my father always said.

EdV 12-01-2010 12:16 PM

Quote:

Originally Posted by bimmertl (Post 311879)
....The bottom line is, show me the specific policy language that strips coverage for a "modified" golf cart......

On the first page of Allstate's policy is the following statement:

Conformity To State Statutes
When any policy provision is in conflict with the statutes of the state in which the policy was issued, the provisions are amended to conform to such statutes.

Therefore the policy is ammended to be for a vehicle that is not capable of exceeding 20mph.

bimmertl 12-01-2010 12:25 PM

Quote:

Originally Posted by EdVinMass (Post 312342)
On the first page of Allstate's policy is the following statement:

Conformity To State Statutes
When any policy provision is in conflict with the statutes of the state in which the policy was issued, the provisions are amended to conform to such statutes.

Therefore the policy is ammended to be for a vehicle that is not capable of exceeding 20mph.

Your continuing posts reaffirm the last sentence in my previous post.

Thanks for the reassurance!

EdV 12-01-2010 01:15 PM

Councilor, you asked for evidence and I provided it. Why not focus on the facts instead of trying to invalidate me.

Indydealmaker 12-01-2010 01:23 PM

I wonder if the point that "the councilor" is trying to make, exhibiting much pride in doing so, is that most legal contracts prepared by an attorney are not the black and white documents that the clients are led to believe. In fact the gray areas virtually guarantee litigation primarily to the benefit of the lawyers.

iandwk 12-01-2010 01:25 PM

Quote:

Originally Posted by EdVinMass (Post 312359)
Councilor, you asked for evidence and I provided it. Why not focus on the facts instead of trying to invalidate me.

Are you familiar with the internet term "Troll?" It refers to someone who posts inflammatory remarks just to get a rise out of others. The more you say, the more insulting they tend to get. I think they receive what Buddy Hackett once called "that fleeting moment of connubial bliss" from this type of exchange.

EdV 12-01-2010 01:58 PM

Quote:

Originally Posted by iandwk (Post 312274)
..... I recommend calling one's own agent and finding out their policy.

Unfortunately, that doesn’t always work out either. Two years ago, an Allstate agent in Leesburg was issuing off-road vehicle insurance policies to owners of low speed vehicles that were in fact being registered. How that slipped by the DMV is a mystery to me but once Allstate found out, they put an immediate stop to it. Those LSV’s (which can legally go up to 25mph must now be insured and registered with a standard auto policy to the tune of $500.

I ought to know because I was one of those customers.

red tail 12-01-2010 02:09 PM

Quote:

Originally Posted by EdVinMass (Post 312369)
Unfortunately, that doesn’t always work out either. Two years ago, an Allstate agent in Leesburg was issuing off-road vehicle insurance policies to owners of low speed vehicles that were in fact being registered. How that slipped by the DMV is a mystery to me but once Allstate found out, they put an immediate stop to it. Those LSV’s (which can legally go up to 25mph must now be insured and registered with a standard auto policy to the tune of $500.

I ought to know because I was one of those customers.

and i might add our tomberlins are worth it!!!!!


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