Expert: Claims Guy - 8/2/2011

Question
I reside in the state of NC and was involved in an auto accident in a parking lot of a shopping center. I had started to pull out of a side parking area after checking to make sure there were no cars coming. I was over halfway out into the intersection when a car came speeding into the main parking lot and hit me in the rear driver side quarter panel of my car. My insurance company originally told me that I would be at fault since the other car had the right of way. She also said NC has contributory negligence laws and if the other driver was partially at fault the claim could be argued that I was x percent responsible and he was x percent responsible. I looked up the law and it seems in NC if the other person was at all responsible he would not be able to collect from my insurance company. I do not understand why I would be considered at fault simply because he had the right of way? Does that make any sense at all? I did yield the right of way and it was safe for me to enter the intersection. I could not avoid him crashing into my car since he flew into the parking lot and never even slowed down before he plowed into me. If he were going 100 MPH would I still be at fault since he had the right of way? I just don't understand. Please help explain this to me!

Answer
You are correct about the law.  If the other driver contributed 1% to the cause of the accident, he isbarred from recovery.  

However, failure to yield right of way is very difficult to overcome.  The favored driver is considered negligence free and you must show negligence on his part.  Speed is difficult to prve unless there was a witness.

Here are a couple things your insurer should do to defend your position:

-inspect and photgraph the scene.  this will help them determine what a reasonable speed would have been.
-inspect the damage - if it is significant, this would be evidence of high speed.

if they have not done these things, you should complain.