This accident happened 1 block from my house, I was in an interesection, which did not have a stop sign, I slammed on my brakes, and hit the car that cruised passed the stop sign in the middle of the car, who is at fault?
2007-05-19 11:15:55 · 11 answers · asked by rkay74@pacbell.net 1 in Cars & Transportation ➔ Insurance & Registration
The accident is covered by the Uniform Traffic Code. The code is adopted by all states to insure traffic is the same throughout the United States.
The driver who had the stop sign is required to yield the right-of-way to any approaching vehicle. Even if you hit him, he has failed to yield the righ-of-way, and is at fault.
If you did not get a police report, you should report it to the police, but be prepared. The first question will be, why didn't you report the accident at the time it occurred. They will also contact the other driver for their version of the event. If the other driver is honest and agrees with your version, the police will issue a report, but will probably not assess fault, since it was not reported at the time it happened.
2007-05-19 17:25:25 · answer #1 · answered by fideux 4 · 0⤊ 0⤋
The good news is that from what you have told us the other guy is at-fault.
The bad news is that in most states you are probably going to held partially responsible for the accident. Under the concept of "comparative negligence" both drivers involved in an accident can be help partially responsible for the accident.
Even though you had the right-of-way, you still have a duty to make sure that the intersection is clear to enter it. You also have a duty of "lookout." Which basically means you need to look for potential accident situations, such as the fact that some moron may run a stop sign or pull out from it before it is safe to do so.
Depending on all the facts, including the point of impact, my guess is that you may be held anywhere from 10% to 25% responsible for the accident.
So how does this affect you?
If you have your own collision coverage I would suggest that you use it. You'll have to pay your deductible to the repair shop, but you should get back part of it once your company settles with the other drivers company or with the other driver directly, if they don't have insurance.
If you do not have collision coverage then you can pursue a claim to the other drivers company if they have insurance. Assuming they have insurance don't be surprised if they make you a settlement offer of less than 100% for the reasons I described above.
If you have collision coverage and the other driver has insurance then the whole thing becomes strictly a matter of numbers. For example, if the other company offers to pay you 80% then just do the math.
Let's say you have $3700.00 dollars of damage and a $500 collision deductible. Your company will pay 100% of the 3700 less the $500 deductible = $3200.00. They will get back $400 of the the deductible back. So in the long run you are out $100.
If you collect the 80% from the other company they will pay you 80% of the $3700 = $2960. This means you are out $740.00.
Good Luck
2007-05-20 12:24:00 · answer #2 · answered by fighting saints 6 · 0⤊ 0⤋
If the other driver had a stop sign, and you did not, the other driver is at fault for failure to yield the right-of-way. Make a diagram and take photos of the accident scene, to include skid marks and location of broken parts on the road. The other driver's story can change dramatically after he has time to think something up.
2007-05-19 18:23:07 · answer #3 · answered by regerugged 7 · 0⤊ 0⤋
clearly they are. some would say that you have to slow down through any intersection, stop sign or not, however this does not excuse a person of breaking the law and running the sign. i hope you took pictures of the scene and have proof of where the impact was on each of your cars. if you live in a "no fault" state then the burden is on you to come up with proof to prove the other person should pay, otherwise both your insurances will cover each other and your premium will go up.
2007-05-19 18:21:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well if they went through the stop sign then of course they are at fault. I hope you called out the police and made a report. Without that you probably are stuck.
2007-05-19 18:19:19 · answer #5 · answered by Anonymous · 1⤊ 0⤋
He is, although it may be hard to prove. Get witnesses, if there are any, and put this into an accident report with diagrams. Good luck.
2007-05-19 19:32:36 · answer #6 · answered by Marissa Di 5 · 0⤊ 0⤋
Sounds like the other car failed to yeild/stop. His fault.
2007-05-19 18:26:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You hit him you are. If he hit you while running a stop sign then he would be.
2007-05-19 18:26:54 · answer #8 · answered by norsmen 5 · 0⤊ 2⤋
They are for not stopping
2007-05-20 18:29:46 · answer #9 · answered by Educator 1 · 0⤊ 0⤋
It not your fault.
2007-05-19 18:25:20 · answer #10 · answered by JON b 1 · 0⤊ 0⤋