Expert: Richard Hixenbaugh - 3/3/2011

Question
QUESTION: my 18 yr old son was hit and car demolished. he was at complete stop, look left right left, proceeded to go straight . two lanes going one way two going the another way and a turn lane. he crossed three lanes and a median, next he saw grill and headlights hit his passenger car. he was fine, friend hospitalized for two nights. son was in pontiac grandprix, car hit him was mercedes and that was demolished too. the officer indicated mercedes driver responsible but insurance says since son had stop sign and the other driver had no stop signs etc, my son is at fault unless other driver admits to speeding. my son was going about thirty. entering a parking lot to a mall. should not the damage speak for itself? thank you

ANSWER: Hi Kathy,

The damage does not always tell the whole story. There are little nuances in the traffic laws that really determine liability. You can certainly argue to try to get a split liability decision, but unless you have an independent witness who actually saw the accident occur it will be hard to change their mind.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: just read police report and yes stated my son was at fault and will be sending a ticket for careless driving, which he will contest. the other driver said he hit the front of her car with the side of his car! what does that mean? son's passenger does not have car so medical expenses will fall with our insurance and we are covered. her parents have gotten a lawyer too. any suggestions for contesting ticket? any concerns with the lawyer issue or is this pretty standard to some degree? thanks,kt

ANSWER: Hi Kathy,

Unfortunately, it seems your son will be found to be at fault. If his paassenger was injured and has a lawyer, you should expect a law suit. Your insurance company will provide a defense attorney. Do not speak to anyone from the passengers side of things. You and your son need to refer any calls or mail directly to your insurance company. You should keep in close contact with the insurance adjuster from your company to keep informed as to what is happening. They will provide you and your son with information and direction.

I hope this helps
Richard Hixenbaugh  

---------- FOLLOW-UP ----------

QUESTION: how do i go about trying to get a split liability decision? i still do not understand if there was no traffic, and he crossed three out of four lanes, then all of sudden a car appears, no skid marks, no horns beeping and her car blew a tire, hit my son's car on passenger side at a angle and then pushed his car and went down the side of his car. totally demolished. i don't get it. she states she was only going 30 mph. is that possible. my son is such a good kid and i feel so bad for him.

Answer
Hi Kathy,

In my esperience almost anything is possible. The only way that I could make a determination is to obtain a statement from both drivers, which is simply not possible.

The only choices you have are to agrue with the other insurance company or file a law suit and see if a judge beleives your son more than the other driver. It is a he said, she said situation unless there is an independent witness.

I hope this helps
Richard Hixenbaugh