Accident with learners permit w/a license driver, Who is at fault? What would happen next? More details below....

Asked about 2 years ago - Bronx, NY

I got in an accident with my learners permit but also with a license driver(who is the owner of car), and my sister in law and her baby who was not in a car seat. I stop at the stop sign and I also stop again to make sure since there was a blind side. Look both ways. No cars so I proceeded.The other driver of the car was speeding (as I assume since his airbags deployed) and did not stop. He did not have a stop sign. Only sign was a warning sign; yellow diamond with a seesaw (children at play). He has no car insurance and had no plates on the car. He also had two small children in the car without car seats and wife in the front seat. My question is, who is at fault? What will happen to me as far as my license? And what would happen next?

Attorney answers (3)

  1. Yefim Rubinov

    Contributor Level 17


    Lawyers agree

    Answered . In NY there is comparative negligence. In other words fault is divided by percentage. Even though you had the stop sign and the other vehicle had right of way, the other vehicle might bear some fault for the accident. One factor is, point of impact with your car. Notify the owner's vehicle insurance. Were you or someone in your vehicle hurt?

  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . A lawyer can't determine fault from an Avvo posting, but it sounds like you failed to yield, thus, simply report it to your insurance company so they can cover the damages.

    Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755
  3. Kevin Coluccio

    Contributor Level 20


    Lawyers agree

    Answered . You need to report the incident to the insurance carrier for the car you were driving. No one can tell you who is at fault from the facts you have shared. You need to consult with a qualified attorney and you need to obtain the police report. Meet with the attorney and ask him/her for your best options.

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