I got hit twice by different drivers A couple of months ago my car got hit while parked, causing a small dent. I got the other person's insurance information but didn't file the claim until last week. The other person's insurance accepted full liability, but I haven't fixed the small dent. Today a lady hit me on the same side and caused further damage. What happens now?
It is a principle of equity (of which damages are a part) that you are not entitled to be enriched. Let's say that the first collision did damage costing $500 to repair. If after the second collision the cost of the repair is now $700, the first driver is liable for $500 and the second for $200. That said, let your insurer sort it out - that's what you pay your premiums for.
Legal action might be taken by the garage, because you had a contract to repair the gearbox which you cancelled (causing them some damages in time spent). You could hope that the store-owner will pay the invoice that you sent, but that seems to not be likely. The store owner can't sue you for sending him the invoice: the mechanic can sue you for not paying what the work billed for. But you do have a recourse, which is that you were acting on behalf of the store owner. I assume that you were in possession of the old gearbox, so it simplified matters if you took transported it to the mechanic, since the store owner was going to pay. In other words, you were acting as the store owner's agent: you were authorized to create a contractual arrangement between the garage and the owner. The one problem is that apparently the garage thought they were doing the work for you, and not for the owner. So they may sue you, and you may sue the owner. And suing anybody costs money. The owner is, perhaps, trying a strategy of not paying what he does actually owe, in the theory that the alternative of suing is too much time and bother (besides, it's the garage owner who would have to get the ball rolling – unless the shop owner first wants to sue to recover the gearbox). Given the information you have provided, I don't see a basis for the shop owner suing you. In order to sue someone, that person has to have caused you some damage. He could claim that he didn't authorize you to take the gearbox to the garage, or that you were negligent in making the arrangements with the shop (for instance if he said &quot;but only if they will do the diagnosis for free&quot;), in which case the court will have to decide whose story is more believable.
Rule on what an auto insurance company can base rates on vary by state within the US. In at least some states age is a permitted category. In many states drivers younger than 25 pay a higher rate. But even if someone confirmed that rates may be legally based on age in the OP's state, that wouldn't prove that OP's insurance company actually used age to set rates. OP could ask the agent who manages the policy, or the company that issues it, if age is a factor and why rates when up. Note that rates are based in part on accident and claim rates in the area where a car is garaged and used -- if for some reason accident rates in OP's town or region went up -- say a new road or mall led to many more collisions or thefts -- that could cause a raise for everyone in the area, with no change in claim history for OP personally.
A traffic accident is often not a crime even when someone is injured. So suing the police is unlikely to get you anywhere. You can get a lawyer and ask what your chances are to sue the driver who is the person who actually caused the injury, not the police.
The damages should be granted. The “dirty hands” doctrine is only applicable when seeking equitable relief - motor vehicle damages fall under the tort of negligence.
Here's the thing: if the plaintiff/appellant/claimant are the same legal entity as the defendant/respondent, it's plain to see that one of them must lose. For instance, consider a case where two trains operated by the same corporation collide. Assuming that the drivers both performed their duties, the company is vicariously liable &ndash; such a case is frivolous and is likely to be thrown out for that reason. It's just a waste of time and money. Or your second example: If the woman was driving the city vehicle and crashed it in the course of her duties, it is the city that will be the defendant in the proceedings, not the woman. So essentially: while it's difficult to prove that something has never happened, these are good reasons to expect it would not happen.
united-states I am skiing and cause unintentional injury to another slope patron/client. How would I protect myself from being sued? Use reasonable care to avoid harming others, and follow all applicable rules of the ski area. Keep your equipment in good repair. Don't ski when you are drunk or high or in circumstances you can't handle. Try not to collide with people. If you do collide with someone do what you can to mitigate their injuries, identify ways to document facts favorable to you, and promptly contact your insurance company. Is there insurance if sued that could protect my assets if found negligent and cover legal costs of lawyer and trial, regardless if found negligent? For this, you need liability insurance. In the United States, liability insurance is typically included in homeowner's or renter's insurance. These kinds of liability insurance typically cover the cost of a legal defense of a covered claim and any damages awarded or paid in a settlement of those claims (up to the policy limits). These kinds of liability insurance would typically cover liability arising from a skiing accident and most other claims for negligence, but would typically not cover claims related to intentional acts or a criminal prosecution. A homeowner's or renter's insurance policy would also not typically cover vehicle accidents (e.g. your liability while operating a snowmobile), claims related to a business or an occupation, or claims related to contractual liability.
Generally (at least in the US), you cannot file criminal charges unless you are a prosecutor. Criminal charges are brought by the state on behalf of society as a whole; the goal of criminal charges is not to help or compensate the victim, it's to punish the offender and benefit society. The victim will often obtain restitution payments, but they are pretty much bolted on to a procedure not focused on compensating the victim. For instance, if the AG decides to drop charges (which they can do at any point), the charges are dropped. Instead of picking one or the other, you can do both. After the criminal case, if you want, you can file in small claims. You can't collect double, but since they have totally different purposes you don't have to do one or the other.