Expert: Richard Hixenbaugh - 5/4/2010

Question
I was involved in a mva...I was pulling out from a strip m all pkg. lot to turn left and was hit on drivers side by little car (toyota camry) with such force that he totalled my truck.  His car was also totalled.  He had no driver's license.  His sister came to accident and knew he was driving car.  The police filed no report but issued him a ticket and court date for driving w/o a license.  I had only liability.  It seems unfair that I should be considered totally at fault when he was reckless and speeding and unlicensed.  I have never had a auto accident driving from age 16 to now (age 50).  One witness insurance companies on both sides unreachable so far, and I believe that this witness would not say the truth about his driving for a few reasons.  Is there anything I can do to recover anything financially?  His insurance comopany is still "investigating," and had come to take pictures of the truck while my insurance co seemed to just assume my liability...it has caused great difficulty in my life, mostly financially...is there anything I can do?

Answer
Hi Kris,

Unfortunately, when you are pulling out of a parking lot onto a road and are hit by a vehicle that was on the road, it considered that you violated the right of way and therfore are at fault. The fact that the other driver did not have a license is not relevant to the cause of the collision.

I'm afraid there is likely nothing you can do in this situation.

I hope this helps
Richard Hixenbaugh