Auto Car Accident Fault

by Vincent

Well first my fiance and i were on are way to a Christmas party . we had just left the house and were about a block away we came to a stop sign. i stopped and looked both ways and i saw no cars coming ,proceeded to pull out and turn left when we were hit on the side that i was on.

Completely breaking the front left axle.the driver of the other vehicle was a women and a man as a passenger .they are claiming that i did not stop and drove threw.here is were the story begins to upset me .the police was called out to the scene.when they got there they asked us to fill out an accident form to be exchanged .

i had my fiance fill out the one given to us.at the i did not notice the form the other driver gave to us. a few minutes later a second lady arrived stating that was her car, and began to quietly yell at the driver of her car. back to the form .

the male passenger put down on the form that he was the driver and the lady that came later says she was a passenger. the lady i knew was driving was nowhere on the form that was exchanged.i honestly feel the accident was caused by there speeding and not by my neglect to stop i, i had kids in the car at that time.

i am being told the im at fault because they had a right of way . but how does the speeding and all the false paper work come into play .also the had full coverage and i had liability.


Answer:


Hello Vincent,

There are two issues here: 1. Fault and 2. Paper work issues. Unfortunately the one has nothing to do with the other.

Fault is a factor of negligence, which relates directly to what went on at the stop sign. Negligence is composed of four elements, duty, breach, causation, and damages. Causation (proximate and legal cause) break the chain between the two (faulty paper work and driving the car).

To learn more about fault is determined and more about negligence, visit: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Fault will be determined on the terms of who had the right of way and who had the duty. Both parties have duties to look out, avoid, and obey the speed limit.

The problem for you will be showing that the other party was speeding. Usually, you will need affirmative evidence of that. The only way of doing this is having an independent witness (not in your vehicle) telling the insurance company that this vehicle was going over the speed limit.

Usually this is very hard to do (if there are not independent witness, then you cannot show this). The other way, which is very controversial, is showing that your damages are so substantial that the other vehicle had to be speeding. This is usually done in fatalities and more complicated accidents (fatalities where accident reconstructionist).


You can make the argument and have your insurance company deal with it, but getting an offset on fault purely based on speed is difficult.

Regarding the second issue, this might have an impact on their coverage and their insurance company. It is up to them and will not affect your coverage or how your insurance company handles the claim.

Good Luck,
http://www.auto-insurance-claim-advice.com