Who is at fault,other driver sited, not yeilding pulling out of private drive way he pulled out in front of me

Danno

The other driver holds the majority of fault for your accident. He had a duty to ensure the road was clear prior to making his turn and he breached that duty. Also, by the rules of the road, he is responsible for yielding to traffic when making a turn.

However, since you hit the rear corner of the vehicle, that shows that the other vehicle was the majority of the way through his turn. You should have been able to see the vehicle before the turn, the beginning of the turn and the ultimate turn. You too have a duty to keep a proper lookout. It is your responsibility to drive defensively.

It is unfortunate that you don't have collision. That is coverage that everybody should always put on their policy.

The other company has every right to take the time to investigate the loss and determine liability. It is your responsibility to mitigate your losses, i.e. tow storage fees. You're lucky its only $8/day.

Even if the other company accepts liability, you may be responsible for paying those storage fees. Also, if they apply any sort of comparative negligence on you, that means you will have to pay the remaining portion of the repair fees that they do not cover.

Good luck to you.

Luna & Lawnboy

Based on the details you have provided, it appears that the other party is at least 50% at fault for the accident. What was the point of impact to his vehicle? If the damage to his vehicle was the left rear quarter panel, the other insurance company may assess some liability on you, but not necessarily.

The other insurance company, may be having a difficult time tracking down their insured for a statement.

When was the last time you had a conversation with the claims rep? I suggest that you contact the rep and ask that they provide you with the current status of their investigation. Be polite. If you are not satisfied with the answer, you can ask to speak to a supervisor.

When you reported the loss, did the claims rep explain the claims handling process? Do they know that your vehicle is incurring storage charges? Has it been appraised? Do you know if they have a copy of the police report?

schurz04

Generally the fact that the other person was cited indicates that they were at fault, but it depends on what they were cited for. Generally private property accidents do not have fault assigned by the police report, so they could have been cited for no insurance, no DL in possession, etc.. Their insurance company obviously doesnt want to pay if they dont have to, so they are going to do their own investigation. If they decide that it is the other persons fault, they will have to pay the storage fees.

foxychick24

As odd as this is, just because the guy was sited does not mean that he will accept liability for the accident. The insurance company will have to look into how everything occurred. Since there was a police report they will probably get a copy of the police report to help decide who is liable. Call the claims department of the other insurance company again and ask for an update on the process of the claim. Ask them if they will pay for the storage fee for the vh sitting in the wrecker yard IF the other guy is found to be liable for the accident. It does not hurt to try- the most they can say is no. Best of luck

KWilbanks

he is at fault. You have the right of way if you were driving on the street. When you pull out of a driveway, you must yield to traffic. His fault definately. Call the insurance company and explain your situation & see if they will do anything.

oklatom

The person leaving a private exit must wait until the way is clear before pulling out. Being hit by a car would indicate the way was not clear. Call the insurance company, tell them the police report and their client being cited on scene indicates they are at fault, that their is no question regardless what their client says, and unless they pay for your damages immediately so you can be made whole, that you will take further action. If they don't immediately respond to that request, take the driver of the other vehicle to small claims court to get your money.

Lea

you just have to wait. If the other person had insurance, the insurance company will do an investigation and look at both vechiles, if your are not at fault, then they have to pay to fix it. Or you can take a chance, fix it on your own and asked to be reinbursed, which won't happen unless it is proven you were not at fault. Either way, if the other persons insurance does get the car fixed, it will always be on their time and not yours, it will still take a long time regardless... good luck to you.

hugo21813@verizon.net

If you were driving on a public thorofare( street) and he pulled out of a private parking lot he should be considered at fault.(Failure to yield right of way) If his ins co is dragging their feet I would contact them and let them know that you are beginning to have physical problems that you believe "could" be related to the accident. If that does not get them to settle with you promptly you are dealing with real scum and should retain an attorney. Many ins companies would prefer to ignore you till you go away,...from their point of view that is much better than paying what they owe. Keep up the pressure till they do what is right!!!!!

dido45dido

the other person is definatly at fault. but insurance companies will draw out claims as long as they can so they delay paying or the other person drops it.

you should call up their insurance company and let them know the other driver was sited, get a copy of the police report, so you have all your facts straight, then threaten the insurance company, saying you are going to get a lawyer and take it to court!

who is the insurance company?

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