by mschievly » Sun Apr 17, 2011 05:33 am
Live in new york a no fault state last saturday 4/2/2011, After waiting out a yellow and red light w/ my blinkers on i made a left turn almost fully completed when a car raced into the intersection from opposite side and t-boned my car's passenger side door.police failed to make note of skid mark from cross walk to the intersection where glass from her headlights remained! claimed they dont unless serious injury or death, her dads insurance found me at fault of accident, by virtue of making a left turn-making it seem i did not yield to her- but how can you yield to someone who was not at intersection but sped up the block into it! she lives 2 blocks away & works 4 block from accident site- her dad filed a claim and recieved $3000 from my ins- for minimal damage to her car-(my ins totalled it out)(97 'corolla) she still drives it to work- yet her ins only offerred me $300-she caused $3000 worth of damage to my car (99' vw cabrio)- for new door / and repair to small part of rear corner panel. she made a payday from accident she caused! What is my recourse?
Posted: Sun Apr 17, 2011 07:07 am Post Subject:
but how can you yield to someone who was not at intersection but sped up the block into it
The thought behind it is that 1) she is going to claim her light was green or yellow. 2) _You_ have a duty to yield to oncoming traffic. If she was close enough to the intersection to hit you then you should have seen her approaching the entire time. As such, you should have seen that she was not going to stop and waited. 3) Actually, you cannot enter an intersection unless you are sure you can clear it. You did not do this.If the point of impact to your vehicle is the rear then I'd see some negligence being placed against her as well. I've not looked at NY law to see what the rule on this is (I think being 51% at fault bars recovery but I'm not sure.
yet her ins only offerred me $300-she caused $3000 worth of damage to my car
So they accepted 10% liability? Seems about right.Lesson... spend the extra 4-5 seconds to make sure that the incoming traffic _is_ going to stop. You are running the red light... so could the other person. Again, it adds about 4 seconds to your wait time.
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