The motorcyclist then initiated proceedings against the private motorist and, while acknowledging the negligence, the private motorist argued that the HK$8,500 paid included both compensation for bodily injury and damage to vehicles, that it was a complete and definitive regulation, which prevented the rider from reviving the right against the private motorist. The rider argued that the compensation received applied only to the damage caused to the vehicles and not to compensation for the bodily injury he suffered. As a result of a car accident, especially when one (1) of the driver has suffered an injury, the other driver and his insurance company may be held liable for damage to vehicles and persons. This release makes it possible to conclude an agreement between the victim of the accident and the other person and his insurance company. However, in recent years, there appears to have been a growing trend for those involved in the accident to reach, often without prior legal advice, a “private agreement” under which they would either sign unsused testimony of the accident, in which they explicitly state that they have settled the matter and that they do not intend to pursue the matter. Or don`t testify at all. In most cases, the insurance company will handle the dispute. Although as someone involved in the car accident, she will most likely be in constant communication to update the case. On their insurer`s side, they will most likely perform a background check to make sure the victim has never been involved in insurance fraud (a common problem in car accidents is, wrongly, the claim that you are injured to receive a payment) and perform their own due diligence before reaching a comparative amount. The car accident waiver and liability waiver, also known as a “transaction agreement”, is a legally binding document that, upon signature, guarantees the conclusion of a transaction outside the legal system.
In the event of a car accident involving two cars, it is possible to settle the damage and injuries to the other. The purpose of the form is to ensure that the person signing it does not pursue the other party involved a posteriori. The purpose of this form is therefore to settle out-of-court a dispute resulting from a small accident. In Chan Kwok Man, the right was caused by bodily injury suffered by the claimant in a motor traffic accident that occurred in the course of his employment with the respondent. The Claimant had driven a public bus for the respondent when he collided with a taxi (“the accident”). Mr. Cheng drove along clear Water Bay Road and accidentally hit the rearview mirror of Mr. Wong`s car. As the collision caused little damage, they both agreed not to report it to the police and opted for a private agreement. Mr.
Wong assessed the damage and claimed HK$1,000 as compensation. Mr. Cheng thought that his car insurance had a deductible of HK$1500, and since he wanted to keep his No Claims (NCB) bonus, Mr. Cheng agreed and immediately voted. Three months later, Mr. Cheng received a request from Mr. Wong`s auto insurance company. I was told that the back of Mr. Wong had been injured in the previous collision with Mr.
Cheng`s car. Lord…