Expert: Richard Hixenbaugh - 8/30/2009

Question
Dear Sir, I was driving east on a county dirt road. When I came to a stop sign my left view was blocked by overgrown bushes. I stopped at the sign and eased forward stopping before the shoulder of a state road. The next thing I knew, I was hit in my driver door, pushing me and the other vehicle 48 ft to the right and totaling my truck. The police report says the other driver took evasive action, thinking I was pulling out in front of him, skidded 133 ft to aoi which was 6 ft off the shoulder of the state hwy. Neither driver was issued a ticket. I only have liability, the other driver has full coverage. His insurance says we are both 50% at fault and has filed a claim on my policy. How can I be liable if I did not enter onto the state hwy into his path? He stated he was going 65 mph in a 55 mph limit.

Thanks, Scott

Answer
Hi Scott,

This is a difficult situation. Based on your description, it sounds like the other driver had the right of way, so this would normally be considered to be 100% your fault. The fact that they accepted 50% liability is very good. Your insurance company will pay for 50% of the damage to the other guys vehicle. His insurance company will pay you 50% of the value of your vehicle. Under the circumstances I think this is as good an outcome as you will get.

I hope this helps
Richard Hixenbaugh