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Update on 94 cs collision - Civil Claim Consideration
Posted by Wang [Email] (more from Wang) on Wed, 26 Jan 2005 17:32:18
In Reply to: Re: Update on 94 cs n/a collision, Yaofeng, Wed, 26 Jan 2005 14:53:56
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Your Rights - Basically, you have a right to be 'restored' in the same condition that you were in before the accident. This includes your physical, mental, and economic well being, as well as the restoration of your automobile and any other personal property damaged by the carelessness and/or negligence of the other party. In other words, you've the right to have your automobile repaired to its original (pre-accident) condition. You're entitled to a reasonable and equitable market replacement value of your automobile, if it's totaled. Please note that you also have the right to have any other personal property which had been damaged or destroyed by the accident, to be repaired or replaced.
Civil Claim - Before choosing to go to civil court, we need to keep in mind that litigation can involve a big investment for those who participate. The financial cost of litigating is the most obvious cost. In addition, you need to pay for disbursements. These are out-of-pocket expenses that come up in litigation. Examples are court fees, fees paid to serve documents, witness fees, photocopying or long distance phone charges. Some lawyers may agree to charge the Plaintiff a contingency fee which means that the lawyers do not collect a fee for their services until the Plaintiff is successful in litigation. Also, civil claim can take several years to be resolved.
I'd suggest you talk to the insurance company again. Tell them that your citation was dropped (you're never in fault) and the other guy has his points reduced via attorney's negotiation. Please keep us posted.
posted by 165.248.247...
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