d*******1 发帖数: 19 | 1 Fight almost one year (in fact, the true time spent on this adds up to
several days), now the court decided the defendant should pay us damage (c.a
.$1600 plus court fee). The court basically was persuaded by our testimony
and evidence. The defendant was unable to prove our negligence. The report
was simply ignored. However, they have 30 days to appeal for three judges
to review the case together. We have resolutions to continue fighting.
Nothing to fear.
Three points I like to make to benefit those who were or will be wronged in
a car accident:
1. Never underestimate the another part's shamelessness, try to get adequate
evidence as much as possible which is advantageous for you.
2. Talking to their insurance agent is useless, since they just made you
feel miserable and give up. In my case,an agent talked to me after I
submitted a small claims case. First she threaten us they had sovereign
immunity, so attorney general and school lawyers would act against us.
Then she liked to make a compromise and pay 50% based on damaged but we were
required to repair our car first, which was unreasonable later judged by
the court.
3. Go to English website to DIY (including small and special claims or
formal words used in traffic case). Our case is special since we are against
government. So this needs to file a new case on special court (former case
is dismissed by attorney general). The school filed an investigation
report stating that their traffic officer said we told him we were fault
blabla (ridiculous, we both wrote the fault was on the defendant driver and
nobody is silly to do like that). So I wrote three pages response to dispute
against him and the court believed what we testify including the driver was
on phone and didn't hear my wife's shouting.
Sorry for English input. Hope this helps for you guys.
One more thing, the TV program "people's court" was very interested in this
case and contacted us to participate their show with 300$ service fee plus
travel+boarding. This could be last resort if all other efforts fails. Just
make sure your voice be heard.
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标 题: 求助!车被学校维修车撞了, 校警反出报告我全责!!!
发信站: BBS 未名空间站 (Tue Aug 13 21:51:03 2013, 美东)
那天上午开车从OB回来,然后我送我老婆回家。 到了学校小区的parking lot, 我开在
court中间,准备趴进右前边的车位。 这些突然左边停车位里面的一辆高尔夫小车快速
倒出, 我们大喊没用, 同时看到司机打电话, 最后撞在我们车的左后:后门和油门
之间, 一个坑; 他的小车没有发现any scratch. 车停下后,他马上跳下来问有人受
伤没有, 然后打电话给他Boss,说我们backing撞在一起,都没看到对方; 我马上纠正
我是在直行; 他就改口说撞了我。 然后打电话报警,中间等的时候他说学校会派人来
评估我车的损失,然后寄支票, 不过时间会花很长。 很久学校的警察才来, 拍了照
,各自写了事件描述。然后告诉我下周一出报告。 我回家后发现他继续和司机在那又
说了几分钟。 我给自己保险公司打了电话,留了个记录。 一周后我打电话查报告,结
果还没出来;几天后警察打电话问我的vin 和 policy 号; 今天拿到报告,上边写着
unit 1 struck unit 2 (me) while backing, and unit 2 was driving left of
center in drive aisle. 他画的图故意歪曲, 当然不忘写上 (drawing not to
scale). 而且报告里还说双方都是minor damage, 我的车被撞在左边中部; 对方没任
何错(包括打手机),我的车是wrong side/wrong way. 我当时也想找witness, 但恰
好没人在外面。 撞完之后,才有人出来。 原来学校的警察也是护着学校的。 现在怎
么办, complain? go to small claim? 还有报告上学校的保险写的self, 而且那辆
高尔夫球车没有牌照。 | F******k 发帖数: 7375 | | r*******1 发帖数: 4394 | | D***0 发帖数: 5214 | | t****4 发帖数: 7500 | | q**d 发帖数: 1470 | | s*********0 发帖数: 2045 | 7 好样的
.a
testimony
report
in
adequate
【在 d*******1 的大作中提到】 : Fight almost one year (in fact, the true time spent on this adds up to : several days), now the court decided the defendant should pay us damage (c.a : .$1600 plus court fee). The court basically was persuaded by our testimony : and evidence. The defendant was unable to prove our negligence. The report : was simply ignored. However, they have 30 days to appeal for three judges : to review the case together. We have resolutions to continue fighting. : Nothing to fear. : Three points I like to make to benefit those who were or will be wronged in : a car accident: : 1. Never underestimate the another part's shamelessness, try to get adequate
| l**********i 发帖数: 11748 | 8 如果当时有个行车记录仪
就省事多了
.a
testimony
report
【在 d*******1 的大作中提到】 : Fight almost one year (in fact, the true time spent on this adds up to : several days), now the court decided the defendant should pay us damage (c.a : .$1600 plus court fee). The court basically was persuaded by our testimony : and evidence. The defendant was unable to prove our negligence. The report : was simply ignored. However, they have 30 days to appeal for three judges : to review the case together. We have resolutions to continue fighting. : Nothing to fear. : Three points I like to make to benefit those who were or will be wronged in : a car accident: : 1. Never underestimate the another part's shamelessness, try to get adequate
| S****e 发帖数: 1063 | | d*******c 发帖数: 87 | 10 从此注意收看people's court,赞楼主 | x*****d 发帖数: 704 | | x**********i 发帖数: 4964 | 12 楼主好样的! 各种包子看的真生气 楼主这个给力 | d*******1 发帖数: 19 | 13 有行车记录仪是多份证据, 官司还是要打的;其实花的时间也就是上bbs看一两周八卦
。 从这个过程也学到不少有用的东西。
还有一个tricky的是sovereign immunity。Agent告诉我,如果车或人有全保,那么你
自己保险出;他们只出deductable部分。如果责任认定你大于50%,他们一分钱也不出
。 另外注意诉讼时效。
【在 l**********i 的大作中提到】 : 如果当时有个行车记录仪 : 就省事多了 : : .a : testimony : report
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