Auto Insurance Claims/Who's at fault?

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Expert: - 10/17/2009


Question

Cars A and B
Car A is going straight through an intersection on a green light.  Car B is turning left from the opposite direction through the intersection(traffic light undetermined).  Car B turns into the path of Car A, causing Car A to brake hard, swurve slightly then impact the rear fender/bumper of Car B.  Car A comes to a complete stop.  Car B continues to drive away with it's rear bumper dragging behind it.  Car A leaves the seen to catch up with Car B, who was in sight, a few traffic lights away.  Car B eventually pulls over into a parking lot, where the driver of Car B verbally admits to being at fault.  There are no witnesses of note and the police officer determined that there was no need for a report since the collison was minor.  Is it possible that Car A will be found at fault since it was in fact Car A that hit Car B?  (Note: the actual location of the collision was once Car A had made it through the intersection.  However with no witnesses and not having the police at the actual seen of the crash, there is no definite proof.)

Answer
Hi Pete,

If car A had a green light then car A had the right of way. Car B would be at fault since car B intruded across the right of way while making a left turn. As a result, Car B should be 100% at fault.

You should contact car B's insurance company to file a claim.

I hope this helps
Richard Hixenbaugh  

Richard Hixenbaugh

Expertise

Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.

Experience

I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Organizations
Society of Certified Auto Appraisers

Education/Credentials
Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

Past/Present Clients
My company has done work for consumers nationwide.

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