回複:無法認定車禍責任人

來源: apt 2011-12-06 10:05:58 [] [博客] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (1176 bytes)
回答: 無法認定車禍責任人缺角全書2011-12-05 19:12:37

Normally, in a car accident without bodily injury, a cop should not be called and even if a cop is called, a police report would not be issued.

In such a case, it is totally upon what you told your insurance company and the other driver told his. Both insurance companies would conduct their investigation and the more likely scenario is that both insurance companies will deny the claim by the other driver and the drivers would end up paying by his or her own insurance.

Your question 1: whether the business is liable depends on several things. One, your state law must permit vicarious liability in such cases. Two, it was at night so that even if the driver was driving a company car, he might not be on a business trip for the benefor of the company. For example, if he was driving back home after business hour. If so, the company could not be held liable. Third, your insurance company did investigation and could not find enough evidence to hold the driver liable. This is killer to your claim. If the driver is not liable, then the company is not. You can be sure such evidence will be presented by the other driver in court to defend himself.

所有跟帖: 

感謝 apt 和走路兩位,這個小事故其實我是賺了,但這也太沒天理了 -缺角全書- 給 缺角全書 發送悄悄話 (127 bytes) () 12/06/2011 postreply 22:54:11

回複:感謝 apt 和走路兩位,這個小事故其實我是賺了,但這也太沒天理了 -apt- 給 apt 發送悄悄話 apt 的博客首頁 (550 bytes) () 12/07/2011 postreply 09:27:37

謝謝,我會考慮這些因素 -缺角全書- 給 缺角全書 發送悄悄話 (0 bytes) () 12/07/2011 postreply 20:20:19

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