A Chinese American's Account: A Complete Record of Legal Issues Regarding Buying Cars, Car Repairs, and Accident Claims in the United States

A Chinese American's Account: A Complete Record of Legal Issues Regarding Buying Cars, Car Repairs, and Accident Claims in the United States

A Chinese American's Account: A Complete Record of Legal Issues Regarding Buying Cars, Car Repairs, and Accident Claims in the United States. The best immigration information is available on the WorldWay Immigration Investment official website.

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1. Buying a Car

In the United States, there are both new and used car transactions, with a well-established used car market. Most international students' first car in the U.S. is usually a used one. We also purchased a used car, so here is a detailed record of the used car transaction. Used car transactions generally fall into two categories: purchasing from a dealer and private transactions. The former offers more security but is more expensive, typically costing about $1,000 more. New cars are already quite affordable in the U.S., and used cars are even cheaper, making them accessible for most international students. Prices vary based on the model, condition, and mileage, with decent cars generally starting at over $3,000; I have seen BMWs selling for $10,000.

 

We purchased a Subaru Forester SUV for convenience in transporting groceries. The price was reasonable; I had previously researched the car's history online, and it was CLEAN. An assessment was done, and there were no major issues. The previous owner had also replaced the brake pads and tires, making it a great value for the price. The vehicle transfer process was straightforward; both parties went to the Chicago DMV, queued to fill out forms, paid taxes, transferred ownership, and received the license plates, all in under an hour. After that, we just took the keys, paid, and completed the transaction. Then we went to obtain street parking and BALL GAME parking permits. Although the car is used, it has been reliable, never breaking down, and I have grown fond of it, naming it "Little Lu," which means "Little Subaru."

 

2. Car Repairs

In the U.S., it is typically easy to buy a car but difficult to maintain one. Due to high labor costs, car repairs can be extremely expensive. My husband considered learning to repair cars and change parts himself; he has mastered some minor repair skills, but major components still require special tools, so he abandoned that idea. Later, he discovered an alternative: instead of going to a repair shop for maintenance and repairs, one can find private mechanics. Private mechanics are similar to home-cooked meals in China; they are usually retired mechanics who work in their garages and take on a limited number of jobs each day. Car owners buy the materials, and the private mechanic provides the labor. Prices are typically 1/2 to 1/3 of regular repair shops, and the work is well done, often including a free vehicle inspection, which is quite good. These private mechanics specialize in different types of repairs; some focus on specific brands like Subaru, while others only do repairs without maintenance, usually known through word of mouth among acquaintances. Since they charge a flat rate and do not provide specific contracts like repair shops, there is some legal risk involved.

 

3. Claims

Having a car inevitably leads to some bumps and scrapes, but these incidents highlight the differences between the judicial systems of China and the U.S., making it necessary to document everything in detail. Since buying Little Lu, we have not had any issues, but unexpectedly, an accident occurred right in front of our home, and let me recount the details.

 

We share a house with roommates, one of whom is from Shanghai. We only exchanged nods usually, but one night he brought home an Infiniti car. Perhaps due to limited driving skills or excitement from the new car, he accidentally hit our beloved Little Lu while parking, and then this Shanghai guy, under the cover of darkness, quietly parked his car back and sneaked into his room. It was late at night, and we were asleep, and there were no cameras in front of the building. This guy could have easily escaped unnoticed, but unfortunately, a pair of keen eyes witnessed the whole incident: our neighbor, retired officer Mr. Raymond, who lives across the hall.

 

I must commend the integrity and public spirit of Americans. Mr. Raymond reportedly came to ring our doorbell early the next morning around 7 a.m. to inform us, but unfortunately, we were still asleep and unaware of what had happened the night before. After about two days, we happily returned from grocery shopping, only to be stopped by Mr. Raymond at the door. He indignantly informed us of everything, and we immediately went to check. Indeed, the paint on the front passenger door was chipped, and upon closer inspection, we noticed some deformation on the door, while the Infiniti had scratches at the same height on its front end. Since the damage was not severe, we did not consider taking any legal action and thought we would just talk to the Shanghai guy privately to inquire about the situation.

 

To our surprise, the Shanghai guy was quite emotional, denying everything and insisting that three days had passed since the accident, making it impossible to recreate the situation. His attitude made us doubt whether Mr. Raymond was mistaken. Given this situation, my husband and I made a decision that seemed a bit excessive at the time but turned out to be very correct—CALL THE POLICE to investigate. Reporting to the police may seem excessive from a Chinese perspective, but in the U.S., it is a very normal action that helps seek protection and preserve various pieces of evidence.

 

Since the accident did not occur at that moment, the police did not dispatch officers; they asked us to go to the police station to file a report. We did not have high hopes for this; first, the accident was not serious, second, it did not happen on the spot, and third, it had been a long time since the incident, so many pieces of evidence could not be preserved, and there was no police officer to determine fault, only Mr. Raymond as a witness. The police gave us a report and advised us to notify the insurance company immediately.

 

Next, we began researching relevant laws and cases in Illinois. After thorough preparation, we initiated the claims process. First, we notified the other party's insurance company, which assigned a CLAIM number and confirmed the date for discussions with the insurance company. Then we actively gathered evidence; in the U.S., if an accident occurs and the driver flees, it is termed a HIT AND RUN, which is considered the driver's fault and a misdemeanor. We found that the police report indicated the hit-and-run determination, which was quite favorable for us. We then began preserving evidence at the accident location. The Shanghai guy, despite his small stature, was bold enough to continue parking next to our car every day, which made it easier for us to gather evidence. We took photographs documenting the distance between the two cars, the damage to our car, and the damage to the Infiniti. We also had Mr. Raymond provide a written statement. I was truly impressed by Mr. Raymond; he had even made a record on the night of the incident. This retired Navy officer pulled out his small notebook, which detailed the time, location, license plate number, color, model of the offending vehicle, and the driver's appearance. The record was very detailed, and after obtaining it, we felt much more confident about our claim.

 

After a battle of wits with the other party's lawyer, the Shanghai guy finally confessed to his fault to the insurance company. As a result, we received a check for over $1,000 from the insurance company, and the claim was concluded.

 

Here is a summary of the legal issues regarding traffic accidents in the U.S.:

1. Vehicle insurance is mandatory; failing to insure is considered a minor criminal offense.

2. For accident victims, immediately report the accident to the police and do not move the vehicle until the police arrive to determine fault. If the accident has occurred, it is best to report it within 24 hours and notify the insurance company, refusing to settle privately. For the at-fault driver, actively exchange driver's license information, insurance company details, etc., even if there are no occupants in the other vehicle; leave your information on the other vehicle's door to notify the owner. Do not entertain the idea of escaping; otherwise, it will be considered a hit-and-run, and the insurance determination will be fully at fault. In the U.S., this behavior is a minor criminal offense and can have serious consequences.

3. If you encounter a hit-and-run, do not panic; actively seek eyewitnesses. Witness testimony is crucial. Generally, such testimony, which has not undergone cross-examination, should be considered hearsay evidence, and whether it falls under the exceptions to hearsay evidence requires further study. However, from this incident, it is clear that if legal proceedings ensue, one must argue based on reason and present evidence and defenses; otherwise, silence may be interpreted as a waiver of rights, leading to adverse consequences.

4. Appearing in court in the U.S. is not frightening; often, one must actively defend oneself, maintaining a sincere attitude and being respectful to the judge. If language barriers arise, actively request the court to provide free translation services.

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