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Question
My 19 year old son was recently involved in an auto accident in Pennsylvania. He was trying to make a left turn onto a 4 lane highway. His view from the stop sign to the left and right were obstructed. He moved forward until his view was clear which put the front end of his car slightly(about 1-2 feet) into the lane of oncoming traffic. Before making the left he looked one more time to his left and saw a car coming. The oncoming car slammed on his brakes and hit my son's car while he was stopped. according to Pennsylvania law my son had the right to pull forward for an unobstructed view but had to yield to oncoming traffic, which he did. The other driver made a statement that he thought my son was going to pull out in front of him so instead of moving into the passing lane he tried to go behind my son's car.
When my son reported the accident to my insurance company he was told that the accident was his fault without seeing the police report or any information other than what was told over the phone. Despite my submission of photos and a copy of PA law the insurance company has claimed it to be his fault.
Do I have any recourse with my insurance company?
The spirit of the law that you cited was to clarify a driver's intent in running a stop sign. In other words, if an officer were watching your son at the intersection, he could not ticket him if he first stopped and then rolled forward for a better view.
This however in no way absolved your son from the responsibility of yielding to all other traffic in the lane that he was attempting to enter. If you cannot see if the lane is clear, then you do not enter the lane; period. You have no defense that I can see with the officer's decision or that of the insurance company to accept liability.
Now, depending on what the obstruction was, you may have a case against a property owner or the government responsible for maintaining the intersection in a safe, legal manner.
Good luck.
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Answers by Expert:
webfoot
Expertise
Auto damage, liability, insurance fraud. I am a full time auto insurance adjuster with experience in collision, theft, liability and fraud investigation. I am also an ASE Master Auto Tech and I-Car Collision Platinum certified. My experience includes 15 years in the auto repair industry, a B.S. in Criminal Justice, Law enforcement and auto insurance. ****** NO "PRIVATE" QUESTIONS WILL BE ANSWERED. I HAVE FOUND THAT NEARLY ALL PRIVATE QUESTIONS COME FROM PEOPLE WHO ARE CONSIDERING OR ATTEMPTING TO COMMIT FELONY INSURANCE FRAUD AND I'M NOT HERE TO HELP YOU! ****** I AM HERE TO ANSWER AUTOMOTIVE REPAIR, CLAIMS PROCESS AND SOME SIMPLE LIABILITY QUESTIONS. I CANNOT ADDRESS COMPLEX LIABILITY SCENARIOS WITHOUT HAVING ALL OF THE INFO FROM BOTH SIDES IN FRONT OF ME. QUESTIONS ABOUT PREMIUMS OR HOW INSURANCE IS RATED SHOULD BE ADDRESSED TO YOUR PERSONAL INSURANCE AGENT WHO KNOWS A WHOLE LOT MORE ABOUT YOUR HISTORY THAN I DO. I'VE NEVER SOLD INSURANCE AND DO NOT KNOW IF YOUR INDIVIDUAL INSURANCE RATES WILL GO UP IF YOU MAKE A CLAIM. THOUGH I'VE HANDLED SOME VERY MINOR SOFT TISSUE INJURY SETTLEMENTS, I PREFER NOT TO ANSWER INJURY RELATED QUESTIONS. I'M NO INJURY EXPERT AND I'LL LIKELY SAY SOMETHING TO HURT SOMEONE'S FEELINGS AS I BELIEVE THAT MANY SOFT TISSUE PAIN AND SUFFERING CLAIMS ARE OVER DRAMATIZED. UNLIKE MANY OTHERS, I AM ON THIS FORUM AS A VOLUNTEER WITH NO PRODUCTS OR SERVICES TO SELL AND PROMISE AN UPFRONT ANSWER BASED ON MY EXPERIENCE IN BOTH SIDES OF THE INDUSTRY. IF YOU PROVIDE ME WITH A HONEST VERSION OF EVENTS, I PROMISE A CANDID AND HONEST ANSWER IN RETURN. I CANNOT ADDRESS ALL CLAIM SCENERIOS DUE TO DIFFERING STATE LAWS AND REGULATIONS, BUT WILL DO MY BEST. PLEASE REMEMBER THAT AN HONEST ANSWER MAY BE ONE THAT YOU DON'T LIKE SO IF THAT IS GOING TO BE A PROBLEM, PLEASE DON'T ASK THE QUESTION. LASTLY, I DO NOT ACCEPT RATINGS AS I DON'T DO THIS FOR RATINGS AND WISH TO SPEAK FREELY.
Experience
20 years in automotive industry, Currently in insurance claims, worked actively as technician and shop owner until about 10 years ago. Current ASE Master Auto Tech and I-Car Platinum Collision Certifications, B.S. Criminal Justice and 10 year auto insurance/extended warranty background
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