回複：車禍谘詢

What you should be focusing now is not on to argue who had the light, but to prove that the other driver is also negligent. Just like telling the judge, "your honor, I was negligent but he was also negligent".

It is my opinion helpless to try to prove that you have the light because the other guy can do the same and none of you could prove by preponderance of evidence.

You should find some authorities to estimate the speed of the other car. There is a good chance he sped, e.g., negligence, based on your fact of 60 feet.

If you are both negligent, and you live in SC, MD, NC, or VA, or SD, then bingo, there is no recovery for the other guy. Period. Even if unfortunately you live in states other than other five, you still have a chance to prove that he was more negligent than you, then his recovery should still be denied. If the least fortunate you live in NY (there are about 12 states following NY), then at least his reocvery should be reduced. Let's say in NY he is 30% responsible and you are 70% then his can only recover 70% of $300000.

The damage must be certain so that your lawyer should argue the actual calculation of the damage. The only thing a court will relax the damage rule is for emotional distress, but the rules for emotional distress is so strict and it is not easily to prove. It is a general rule that each litigation party is responsible for his own attorney fees and you should not be liable for that.

If I were you, I would hire a lawyer immedaitely to file a lawsuit against him to recover damage to your car. But check the statute of limitation in your state to make sure it has not run. BTW, don't assume that your insurance will hide you from the accident. By law, insurance is only regarded a collateral source and even he could settle with your insurance company, he can still maintain an action against you to recover, based on collateral source rule. On the other hand, if you can prove that your insurance company had a chance to settle but did not, even if the amount was far greater than your coverage, and the insurance company acted in bad faith, you will have an action against the company as well.

所有跟帖： 

• You have little understanding of how insurance works -nobs- ♂ (762 bytes) () 08/17/2006 postreply 22:08:49