Question about an accident at a 4-way stop!!!!?

Question

my boyfriend was in a car accident at a 4 way. he stopped and waited like your supposed to the started going. he saw the lady coming and figured she'd stop. well she didnt and bashed right into him. it was a 93 year old woman. the police man cited the lady but told him that she could turn it around and say he waved her to go when they were both stopped and went anyway to cause an accident. but you can tell by the horrible damage on the passenger side of his car that she was going at least 35 mph. would they really believe her over him even tho the damage to his car? she had damage to the same side of her car but in the front. we dont wanna pay for something thats not his fault!!

Answer 1

go to court n get a laywer.....best idea

Answer 2

Generically at a 4 way stop the vehicle on the right has the right of way if they enter the intersection at the same time. So if the damage to you're BF vehicle was on the right side that would mean the old lady was on his right. I don't understand how her damage was on the right also, I would expect that it would be to the front of her car with with some shifting to the right on the front end. Determining speed from damage is very difficult, how did you arrive at the 35 MPH number? It its accurate that should prove your BF's case.
In court though, if there are no independant witnesses to the crash, it usually comes down to one persons word against the other unless there was physical evidence to support one parties story over the other. If the police officer can testify to the evidence he saw and it supports your BF's story the case might go his way.
If this didn't happen too long ago you should go take pictures of any marks on the road that were made by the cars like skidmarks. If she skidded through the stop sign and left marks doing it, that would prove her guilt.

Answer 3

The officer should have noted the type of damage to the vehicle on the report. Make sure you take photographs of the damage, and go ahead and get several estimates from different body shops. Bring all of these items to court with you. If your insurance co has had to become involved, bring any and all of that documentation as well. The Judge will look at this evidence and weigh it against her evidence, ie: her word. The stronger of the two will, or should determine the outcome of the case.
Good Luck :)

Answer 4

The police issued the ticket based upon their investigation. The insurance company for her may contest...as they all do because they're run by lawyers....and refuse to pay. That's when your pal's insurance company would sue the old lady's company.

She was summonsed so she'd be the vehicle at fault. File the claim and take it from there. By the way...damage to a vehicle cannot be completed factored by speed alone. Unless you're a certified accident reconstructionist you'd be wise to keep your mouth shut on that one.

Answer 5

If you are handling this through your insurance, a lot of states have NO FAULT insurance laws, which means each person's insurance pays for their damage, and then the insurance companies duke it out to find out whose fault it is, but you, as the insured, don't have to worry about it. Check whether your state has this or not.
If it doesn't, or you are going to court for a small claim, then you can usually tell (or the hearing officers can) about whose fault it is. Plus, her age is working against her. You would do well to consult an attorney if you are going to court

Answer 6

Depends what state you are in. If its a no fault insurance law state, doesn't matter whose fault it is, your own insurance company would pay your damages, unless they reach the extent of surpassing the no fault limit, then you may have the right to sue someone else for damages.

Answer 7

She may be more believeable because of her age but at the same time if he could show that because of her age her reacton time is not the same as his.He may also want to see if the woman will talk to a bias person.Someone not invlved in the accident, to see of she will say the same thing about the officer giving her that advice,in which is illegal, due to the fact that he does not practice law, but unethical.

Answer 8

At any 4-way stop, you are supposed to yield the right of way to someone on your right, providing they were stopped at the same time. Only emergency vehicles have right to go through without stopping. If she was still approaching the intersection after he had stopped. it was his right to go, and she should have stopped. Even if she was stopped at the same time, he was on her right. if she plowed into the drivers' side (unless it was an English make). Seems he definitely had the right of way.Were there any witnesses who would say he waved her on?If not, don't worry about it. Hope no one was injured.

Answer 9

I think with the amount of damage you'll easily win your case. The officer may have just been trying to warn you of what may happen even if he thought your boyfriend was not at fault. Too many people try to make it look like it wasn't their fault even if it was. She may try to turn it around because she knows she may risk losing her licence since she is so old.

Answer 10

I can't believe a cop would say that. That is ridiculous. If the lady was cited that should be all you would need to see who was at fault.

Answer 11

If the Lady was ticketed at the scean most likley she is going to be the one at fault. Your insurence company will discuss it with her insurence company, but as long as your boyfirend was not ticketed, he will not have to pay.