我先生上个星期傍晚下班回家,直行中在Washington DC的街上被另一辆从Street Parking exit的车撞了。当时在附近的警察过来帮助交换了双方的insurance,但警察没有给case number, 但留下了他的名片. Both have state farm. 但是我们没有collision damage protection, 因为是一两比较老的车。我先生因从来没有经历过车祸,当时没有要求case number, and he did not take the picture of the accident site, only the pictures of his car damage and other car damage. 而且他当时给我们自己的保险打了电话。我们当时认为是很简单的事故。现在Statefarm refused to pay the damage from the other driver's policy and claimed that the other driver told a different version of the story, so we both can only claim on our own policy. We don't have collision damage insurance, so they don't have to pay for the damage. 我们现在觉得State farm欺人太甚,这么明显的车祸责任也不赔。有人建议我们告small claim, 我们今天查了一下,DC是no fault law in car accident, 我们不知道这样是否是意味我们都得不到赔偿不管车祸是谁的错。请各位大侠帮忙分析一下。不胜感谢。
1. No fault is not the reason your insurance company refuse to pay you. No fault insurance only applies to personal injury (受伤),no fault does not apply to property damage (赔偿车的损害). In DC the responsible party should still pay out damage to property.
2. Your case turns on the version of contributory negligence in DC, see follow
Washington, D.C. still implements the contributory negligence policy, which means that anyone found even just 1% responsible cannot recover compensation – no matter how severe the damages were. Insurance companies often use this policy in their efforts to reduce the amount of money they have to pay out. Contributory negligence applies to civil lawsuits in addition to insurance claims.
Maryland does not use no fault law, but maryland has contributory negligence law, which means no compensation if you have 1% fault. The statefarm claimed that the other driver gave a contradictory story. Under the circumstance, it is also possibly true. So they can not pay for the damage from other driver's policy. I think state farm just wants to save some money because they knew we don't have collision coverage. 谢谢大家的分析。
我先生上个星期傍晚下班回家,直行中在Washington DC的街上被另一辆从Street Parking exit的车撞了。当时在附近的警察过来帮助交换了双方的insurance,但警察没有给case number, 但留下了他的名片. Both have state farm. 但是我们没有collision damage protection, 因为是一两比较老的车。我先生因从来没有经历过车祸,当时没有要求case number, and he did not take the picture of the accident site, only the pictures of his car damage and other car damage. 而且他当时给我们自己的保险打了电话。我们当时认为是很简单的事故。现在Statefarm refused to pay the damage from the other driver's policy and claimed that the other driver told a different version of the story, so we both can only claim on our own policy. We don't have collision damage insurance, so they don't have to pay for the damage. 我们现在觉得State farm欺人太甚,这么明显的车祸责任也不赔。有人建议我们告small claim, 我们今天查了一下,DC是no fault law in car accident, 我们不知道这样是否是意味我们都得不到赔偿不管车祸是谁的错。请各位大侠帮忙分析一下。不胜感谢。
1. No fault is not the reason your insurance company refuse to pay you. No fault insurance only applies to personal injury (受伤),no fault does not apply to property damage (赔偿车的损害). In DC the responsible party should still pay out damage to property.
2. Your case turns on the version of contributory negligence in DC, see follow
https://www.ashcraftandgerel.com/washington-dc/practice-areas/car-accidents/#:~:text=Washington%2C%20D.C.%20is%20a%20no,medical%20expenses%20and%20lost%20wages.
Contributory NegligenceWashington, D.C. still implements the contributory negligence policy, which means that anyone found even just 1% responsible cannot recover compensation – no matter how severe the damages were. Insurance companies often use this policy in their efforts to reduce the amount of money they have to pay out. Contributory negligence applies to civil lawsuits in addition to insurance claims.
如果把地图印出来,在上面标上两车的位置就更清楚了。如果你到保险公司交涉,也是很有力的证据,总比只是说“他撞了我”有说服力。
Your car should under no fault coverage.
是不是各自负责自己的损失,那可能要找当地的律师了。
在不是“在no fault state”,应该是对方赔偿你的损失。
Maryland does not use no fault law, but maryland has contributory negligence law, which means no compensation if you have 1% fault. The statefarm claimed that the other driver gave a contradictory story. Under the circumstance, it is also possibly true. So they can not pay for the damage from other driver's policy. I think state farm just wants to save some money because they knew we don't have collision coverage. 谢谢大家的分析。
去年12月我们在DC downtown的街上直行,前面红灯几辆车停着。我们在最左道,右边还有一lane。我先生与前面一辆车保持一个空档为了右边横着的街的车穿过去,那个小街没有traffic light,全凭直行的人让他们过。过了几辆车后红灯转绿灯,我先生开始起步。突然一辆车从右边的街上穿过来,开过第一个lane,然后抢在我们前面想过去。我先生注意力在前方所以没有看见右边强行的车,两车相撞。因为我们车速低,那辆车速度高,所以他的车损失惨重,我们右前方的bumper撞坏。司机是个白人跳下车就冲我们大喊大叫。我很害怕赶紧打911,叫来警察。警察说没人受伤他不管,让我们各自找保险公司。我们是GEICO,对方是USAA,双方都不认错,只好找第三方。最后判断对方失误,我们没花一分钱修车。这个官司打了三个月,原本我们以为各赔各的呢,拿到保险公司寄来的支票,美美滴慰劳了一顿大餐。
看来警察的一项任务是写事故报告,就象医生得写病案一样。