Expert: Richard Hixenbaugh - 1/18/2010

Question
my wife was involved in an accident on a street where she had the right of way, the other vehicle completely blew a stop sign and my wife struck her on the drivers side. i live in new york and i know that you have to come to a complete stop when approaching a stop sign and then proceed when it is safe to do so. the other vehicles insurance company paid for the damages to my vehicle but said it was 10% my wifes fault, there adjuster totaled my car but i was given 10% less then the loss amount submitted. is this correct?

Answer
Hi Tony,

If the liability decision was 90/10, meaning that your wife was considered to be 10% at fault for the accident, then yes it is correct. However, based on your description of the accident, you should have fought the 10$ being attributed to your wife. If the other driver ran a stop sign then he should be 100% at fault. This is simply a ploy by the insurance company to save a little money.

I hope this helps
Richard Hixenbaugh