Yesterday my mother was driving straight towards the West and her light was green. The light was red on the north to south line however a Korean driver managed to hit the left side of our car...you know the left side pasenger door. After the accident, he came out and started making crazy insults and saying that we ran a red light when his light was red....that didn't make much sense. It was a neighboorhood street and we know he was in his cell phone.
We already got a lawyer...but I'm just very very scared....if a driver hits the side of your car in the senerio I've just described...does this hit indicate his at fault....FOR EXAMPLE...i know that insurance companies usually give fault to the car who rear ends the other car i.e. if you hit them with the front of your car you most likely will get fault.....DOES MY MOM's hit indiate fault on the Korean driver.....he started to scare us with all the "I'm going to sue you....look at what you did to my BMW"
help this man is crazy....
2007-01-05 06:48:09 · 3 answers · asked by christiansareawesome 4 in Politics & Government ➔ Law & Ethics
He claims he had witness..but it became very clear that those witness (because they were also Korean) decided to side with him DESPITE THE FACT THAT MY MOTHER HAD A GREEN LIGHT AND IDIOT for whatever reason lost control of his breaks and ran into my mom's car.....However we have 3 witness that say that it was his fault....so i don't know
2007-01-05 06:56:34 · update #1
A side impact like you describe doesn't automatically denote fault like a rear impact. This is because the way you described it either the Korean man is at fault because he ran a red light or your mother is at fault because she ran a red light. Because fault will turn on who ran the red light the type of impact doesn't matter here. As for who IS right that again would depend on who actually ran the red light. That is what your lawyer is investigating as we speak. So yes, technically if your mother did run the red light the Korean man could sue you and may in fact counter sue you saying that was the case. But since you already have a lawyer and are already looking to file suit it really doesn't matter much as far as how this will affect you. You will still go through the same legal process.
2007-01-05 07:47:07 · answer #1 · answered by Daz2020 4 · 0⤊ 0⤋
Did she call the police and make a report?
Were there witnesses? Were there other cars who were also going on green at the time of the accident?
Leave it to your/her insurance company. Just go through the steps, and his insurance company denies the claim, you can take him to small claims court for damages.
when a car hits you from the side, its usually that driver's fault, especially at an intersection, but a police report is the only thing that can help prove who had the red/green.
Edit : You still haven't mentioned if your mother CALLED the police. A police reports is the only thing that will help you in this situation, and give leverage to your mother's insurance company as to the claim. Yes he couldh ave witnesses as well, and you do so, but damage is what will prove what really happened. With your 3 witnesses, it only strengthens that he was in the wrong.
2007-01-05 14:52:42 · answer #2 · answered by arus.geo 7 · 0⤊ 0⤋
Where there any witnesses? it's easy to prove if he was on his cell phone, so no issue there. I wouldn't worry too much about it. If your mom is in the right then there is no reason to worry. Just because someone says something, it does not make it so.
2007-01-05 14:54:49 · answer #3 · answered by Anonymous · 1⤊ 0⤋