Posted by
Chita
11 yrs ago
Would really appreciate ANY help I can get.
I got in a major car accident and rear ended (minor dent) a public green mini bus. My car breaks stopped working and I swerved to the side hitting the minibus and totalled my car. No one on the mini bus was hurt nor injured and no one filed complaints on injuries.
Police were involved and wrote up reports. I got fined by the government for making a dent on the railing for $10,000 (government property) and now can't really afford lawyer.
Now after almost 11 months the green mini bus company is filing a lawsuit against me for $50,000 for the dent I made. The repair doesn't cost that much and I'm trying to find a way to solve this. I could buy another car with that payment!
Please, any helpful advice would be greatly appreciated.
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Cluck
11 yrs ago
Will your insurance not cover their claim?
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did the police file charges against you?
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190k
11 yrs ago
$50k is not just cost to repair the dent but also loss of revenue when it was off the road from the accident and repair time. They will alos add on administrative costs in preparing bills etc.
You are required by law to have 3rd party insurance that should pay for everything including the $10k railings. You will have to pay your excesses and lose your NCB
Turtle1 who is or is not charged by police makes no difference in a civil claim, teh police report may help the court in deciding % of liability to either party
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The Minibus company is most likely filing a claim against you in damages which is that of HK$50,000.00. Since Police wrote up reports and to the extent of what the Police charged you other than the HK$10,000.00 for the claims of damages, the minibus company may rely on such Government claim to establish liability.
But depending on the evidence and the Pre-action letter of the minibus company the sensible legal advice would be to look at on what basis are they establishing liability namely, was it you total fault that caused your collision to the minibus, maybe contributory negligence of the minibus driver. If not the lawyers could help you legally to argue and reduce the amount of claims they are asking for and seek settlement.
In the end of the day HK$50,000.00 is not much and reasonably if you had insurance which you should have any 3rd party insurance, the minibus company would have contacted your Insurance company direct.
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I think the best thing that you must do is to ask the help of a legal lawyer. You must tell him all what really happened. I am sure that they can really help you to solve your case.
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