Aglifter wrote:So, if someone backs into my car, and won't pay for the repair, I couldn't sue for damages?
Forgive me, I worded that poorly.
Sure, you can sue in small claims court, strictly for actual damages. And the maximum there might be raised somewhat. But certainly not to absurd figures.
What you couldn't do is grab a lawyer, and try and turn it into a lotto payday against the other driver, the makers of both cars, the city, and the crew that paved the road.
Of course, it would be far simpler to require that you carry insurance that paid for all damages you suffer, regardless of fault.
Premiums would go up if you got in a lot of accidents, or drove a more expensive car, or lived in a high-risk area for accidents.
Oh wait, we already have that. And they also require you to carry uninsured motorist coverage.
So you don't need lawsuits, just better insurance. Or sturdier bumpers.
You could report the accident, and if it turned out the other party was uninsured, his car gets confiscated. The second offense, he goes to jail. The third time, it's a felony. Sue him all you like then.
How do you figure folks would drive if they were always, at all times, 100% responsible for themselves and their misfortunes, and knew the minute they pulled out that they couldn't sue anyone else silly, and that all accidents would be charged back to them by their own insurance?