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About Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states.

Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer.

Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.

 
   

You are here:  Experts > Autos > Auto Insurance > Auto Insurance Claims > Failure to yield liability

Auto Insurance Claims - Failure to yield liability


Expert: Claims Guy - 11/16/2008

Question
Your question was

I was pulling out of a parking lot.  I looked left (west) into the sun and saw nothing, I looked right, nothing, back to left and pulled out.  About 3 feet into the intersection, coming out of the glare, I saw a motorcycle.  I stopped.  he stopped.  But he lost control and fell off of his bike. (Our vehicles did not touch. He later told me he was signaling me forward.  He suffered a separated shoulder and some minor damage to his bike.  I now find out he has hired an attorney.
I was later cited with failure to yield.  Should I fight that?  Does the solar glare and his statement that he was motioning me forward help me out?  As he had room to go around me, but lost control of his bike mean anything?  Or am I simply at fault and need to pay up?

Answer
I need a little more information.  Specifically about how he fell.  Did he come to a complete stop, put his feet down, and then fall over?  Or did he fall over as he was making an emergency stop?  If it was the former, I would say he is somewhat negligent.  If it was the latter, I would say he is negligence free and this is all on you.

The sun glare is irrelevant.  As a motorist, you need to deal with all conditions and make sure you only pull out when safe.

It also depends on the law where the loss occurred.  Is this a comparative or contributory negligence state?  If you don't know, tell me the state and I can check into it.

What has your insurance company determined?

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