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发表于 2018-6-9 20:43
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NeoZou 发表于 2018-6-9 16:43
要么全责要么无责这个说法哪里来的能来给个出处吗？我上足迹发视频就是想弄清这个。你说的是如果撞车那么 ...
并不是要么全责要么无责，应该还是看证据吧。至少上庭法官是能分割个百分比的。
Contributory negligence
Sometimes more than one driver may be at fault. This is called 'contributory negligence'. If both drivers are at fault in some way, the cost of the repairs should be shared between the drivers.
The amount each driver is at fault may not be equal. For example, if the case goes to court a magistrate may decide that one driver is 60% responsible and another 40%. They will then divide up the cost of the damages.
If another driver makes a claim against you and you think that you are both at fault, you should notify the other driver (or their insurance company) that you think there is contributory negligence.
Case study - Joel & Wendy
Joel and Wendy's cars collide at an intersection. Wendy failed to give way and Joel was speeding. Joel makes a claim against Wendy for damages to his car worth $5,000. Wendy makes a claim (cross-claim) against Joel for damages to her car worth $2,000.
At the hearing, the Magistrate first decides that Joel is 60% responsible for the accident and Wendy is 40% responsible. The Magistrate then decides the amounts that each of them are claiming for repairs to their cars are fair and reasonable. Finally, the Magistrate awards Wendy $1,200, which is 60% of what she was claiming, and awards Joel $2,000, which is 40% of what he was claiming.
Even though the Magistrate decided Joel is more to blame for the accident, the cost of repairing Joel's car is higher. As a result, Wendy has to pay Joel $800 (which is $2,000- $1,200). She also has to pay for the costs of the repairs to her own car, while Joel has to pay a further $4,200 to repair his car.
http://www.lawaccess.nsw.gov.au/ ... ponsible/Fault.aspx |
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上海冷面 - 京酱肉丝上海冷面 (2009-11-21) 老陶 
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