Auto Insurance Claims/t-bone accident

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Expert: Bennie719 - 12/21/2008


Question
My son was driving down the street and an old man pulled out of a parking lot and he hit the man. My son was doing 35 mph when they hit. Who is at fault?

Answer
Hi Mitch,
If the posted speed limit was 35 MPH or greater, the person pulling out of the parking lot will be considered 100% at fault.

If the posted speed limit is 25 or 30 and there were witnesses who will state that your son was speeding or if he admitted on a police report or to his insurance company that that he was speeding, then a percentage of the fault will be assigned to your son.

This means that depending on the assigned percentage, he will only be able to collect a portion of his damage and your insurance will have to pay a portion of the damage to the other car.

I hope that you find this to be of help.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area

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Bennie719

Expertise

I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. I am also thoroughly familiar with claims handeling procedures. Will answer questions related to the above.

Experience

Experience in the area: Served as an expert at askme.com from 7/2000 thru 10/2002 in the catagories of general insurance, auto and home insurance. Answered 422 questions before that site closed. Licensed in California since 1961, first in Life and Health for 2 + years and as a Property/Casualty Agent/Broker since 1964. I sold my business and took early retirement in 1998. Still maintain a valid California Property/Casualty Agent/Broker license. I have been a volunteer at allexperts.com since 2002. I can provide assistance in the following fields: Property and Casualty Insurance, Insurance Law, Auto Insurance Claims.

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