Whose insurance is responsible?

by Guest » Tue Feb 11, 2014 01:34 pm
Guest

Yesterday while I was getting back from my office, my car's backlights went off. I was minutes away from home so I didn't bother finding out the reason and kept driving. Suddenly a truck smashed mine from behind and when I confronted, he replied that he couldn't see as my backlights were off. How ridiculous!!! The guy left the place immediately. However, I've penned down the number of his trucker. My question is can I sue him for the same? Whose insurance is responsible for the compensation?

Total Comments: 1

Posted: Tue Feb 18, 2014 03:11 am Post Subject:

A person who collides with you from the rear is generally perceived to be at fault. However, not having any illuminated tail lights can be a mitigating factor. You don't write like a person in the US, so I cannot be certain what law applies.

As to insurance company responsibility, neither is responsible for compensation. The person liable for the damage is responsible. A contract of insurance transfers the risk of that financial loss to the insurance company but not the liability for the loss itself.

can I sue him

In the US you can sue anyone for anything. Winning is another matter. Did you file a police report of the "hit and run" incident? No? Why not? Who's to say a trucker caused your damage. What proof do you have?

I can go to any truck parking area and write down a license number and accuse the driver of anything I want. Doesn't mean it ever happened.

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