She was pulling out of a gas station looked both ways, saw some cars comming, figured she had enough time to pull out, next thing she knew she was hit in the left side. Now, she says she thinks the girl that hit her was speeding because it was like she just came out of no where, and not only that my sister's frame i(car frame) s bent, her airbags are blown and the other girls frame was bent, as well as her motor was smoking. The accident messed up both cars pretty bad. Does it sound like she has a good case to say it wasn't her fault?
2006-12-01 05:32:02 · 20 answers · asked by Billys girl 3 in Cars & Transportation ➔ Insurance & Registration
Your sister is up a creek without a paddle. She entered traffic which had the right of way and since she was hit in the left side instead of the rear obviously was way too close to the oncoming car. It is pretty hard to prove that the other driver was speeding since it usually is here word against your sisters. If an accident report was taken by the police, than there would be a reference to the speed and/or the skid marks left by the vehicle that collided with your sister. It is up to your insurance company and the police to determine who was at fault, but it is going to be difficult to prove a case against the other driver since they had the right of way.
2006-12-01 05:41:42 · answer #1 · answered by yes_its_me 7 · 1⤊ 0⤋
Hate to say it, but the accident is absolutely her fault.
She pulled out in front of someone. She didn't wait until she could safely pull into traffic. Now, if the car had hit her on the left rear, or rear of her car, then she might possibly have a case.
Sometimes you are in the right. Sometimes you are in the wrong. Either way, she needs to take responsibility for her actions. And her actions caused this collision.
2006-12-01 05:40:00 · answer #2 · answered by Lemar J 6 · 1⤊ 0⤋
Firstly, thank God both girls survived OK. I bet they will both drive more carefully in future. In this case it all depends if your sister was correct when she figured she had enough time. Even if a car is speeding, you still have to exercise reasonable caution in pulling out into traffic (in UK at least).
You might want to revisit the site and observe other cars pulling out and see how far away on the road cars have to be for drivers to pull out safely.
Your sister's insurance company will probably be happy to make the case for her against the other driver, but she will lose her no claims bonus. Or you could try a no win, no fee lawyer.
2006-12-01 05:43:12 · answer #3 · answered by Bridget F 3 · 0⤊ 0⤋
Sorry, but your sister is at fault. I am not sure where this happened, but in some states where there is comparative negligence if the evidence (not just your sister saying she came out of nowhere, every person says that, but cars come from somewhere!) supports speed, the insurance may not have to pay all of the claim, but will owe most if not all of the damages. She failed to yield the right of way, this is an absolute liability claim.
2006-12-01 09:20:52 · answer #4 · answered by Chris 5 · 0⤊ 0⤋
Regardless of whether or not the other car was speeding, if your sister had not pulled out in front of that person, there would be no accident. Hence, your sister is at fault.
Generally, if cars are coming, you should not pull out. You are to wait until traffic has cleared to pull out.
2006-12-01 07:59:48 · answer #5 · answered by Beth 4 · 0⤊ 0⤋
People say this as often as a car came outa nowhere and ran them off the road.
Of course it is her fault.
Did the cops cite the other person for speeding?
If not this is the end of the story.
2006-12-01 05:59:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I had to the same thing happen to me but I was the driver going straight. The one turning got the ticket. Your sister WAS NOT CAREFULLY looking both ways before turning. If she did, there would be no accident. It doesn't matter if the other person was speeding. You need to drive defensively.
2006-12-01 07:45:21 · answer #7 · answered by SAHM/Part Time Tutor 4 · 0⤊ 0⤋
Since she was leaving the gas station, she is very likely to be found at fault.
Be honest with her insurance company so that they can do their best to defend her. They are good at asking the right questions to determine if any of the fault can be deflected on the other driver.
IF she is contacted, refer the caller to her insurance company which is obligated to defend her. Get instructions from her insurance company before talking to anybody.
2006-12-01 05:42:10 · answer #8 · answered by Jeff H 5 · 1⤊ 0⤋
Your sister was at fault for the accident. It is not going to make any difference if the other person was speeding or not.
2006-12-01 08:28:49 · answer #9 · answered by blb 5 · 0⤊ 0⤋
For the most part the person that was already on the road has the right of way. It was your sisters responsibility to make sure
that all was clear before moving into traffic.
2006-12-01 05:42:30 · answer #10 · answered by Ruben E 2 · 1⤊ 0⤋