回复：无法认定车祸责任人

来源: apt 于 2011-12-06 10:05:58 [档案] [博客] [旧帖] [给我悄悄话] 本文已被阅读：次 (1176 bytes)

回答: 无法认定车祸责任人由缺角全书于 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.