Expert: Bennie719 - 5/13/2009

Question
I was involved in an accident where a vehicle #1 proceeded to enter in to the intersection after passing the stop sign. He explained to the authorities that he stopped at the stopped sign and then decided to enter the intersection. I did not have a stop sign and was passing the intersection when I noticed his speed and he was coming directly toward me. I swerved to miss impact from him and hit a curb damaging another parked car. Should I expect that his insurance company will say that he did not cause the accident? Is that possible? Will I be liable for he damage to the parked car if it is found that driver #1 caused the accident?

Answer
Hi Angela,
If you haven't already done so, you need to immediately report this
accident to your insurance company along with the names and phone numbers of any independent witnesses (people who were not in your car) and witnessed the accident and possibly overheard his remarks.

If the wording of the police report reflects information such as you stated in your question then he will be found to be the person who
is PRIMARILY at fault.

His insurance will try to place a percent of the fault against you: i.e. you were speeding, you were not paying proper attention, etc., in order to reduce the total amount that they pay out.  This is called contributory negligence.  If you or your insurance company agree to accept even a small degree of fault it can have a drastic effect on the settlement of the claim for your damages.  Insurance laws in five (5) states prohibit you from collecting any payment whatsoever for damages if you are found to be even 1% at fault.
(send me a follow up and tell me in which state this accident occurred and I will reply with that states contributory negligence law.

I have a lot more to say, but first I need to know the state where the accident happened, if you carry collision on your vehicle and
the approximate dollar damage to your car.

Sincerely,
Bennie
San Francisco Bay Area