In a accident is it automatically the fault of the person whom gets the citation?

Question

traveling on a 5 lane road, turn lane in the middle, 2 east bound lanes & 2 west bound lanes. From the inside west bound lane she decides after intering the intersection, that she want to go left, but the left turn lane has a red light, so she stops even though our light was green but i did not have time to stop. She received a citation for "Obstruction of traffic in an intersection. When her insurance guy contacted me he says he is investigating liability. Does that make sence?

Answer 1

Sure. The insurance companies will conduct an investigation to determine fault. This sounds like they'll probably split the fault somehow...

80% hers for stopping in the intersection, 20% yours for not having enough safe distance to react.... something like that.

Answer 2

The police department can determine fault, but the insurance company will determine liability.

The insurance company is going to want to know if you should have been able to stop in time. The officer's opinion will be taken into consideration, but if they can justify otherwise, they may offer a partial settlement.

As long as you have insurance, you shouldn't worry about it. If you don't have insurance, you would have to hire an attorney. Depending on the damage, it may not be worth the hassle.

Answer 3

I don't have 7 years of law enforcment but I do have 2 years of law school that screams you need a lawyer.
Insurance companies will do whatever it takes to make sure they don't have to pay any money out.
Normally if you hit the person in front of you from behind it is your fault, but if they stop in the middle of an intersection without warning...
You need a lawyer!

Answer 4

Most likely fault will be found with the person who received the citation.. if the insurance tries to hold the other person liable, they have the right to take the insurance company to court, and nine times out of ten the court will side with law enforcement.