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How can my daughter be at fault when she was hit while performing a legal maneuver?

Huntsville, AL |

My daughter was traveling home from a friend's house . She turned down the wrong road to get home . Once she realized her error , she put her blinker on to turn left into a driveway and then she was planning on turning around and going in the right direction . As she turned left , another vehicle topped the hill behind her and hit my daughter's car in the front quarter , damaging it from the driver's door to the front bumper . The other insurance company says my daughter is at least 1 at fault , so they are refusing to pay . The police report clearly states that the other driver was driving too fast and caused this collision . My insurance company is in mediation with the other company , but said it could take months to resolve . What are my options ?

*that should read "The other insurance company says my daughter is at least 1 PERCENT at fault , so they are refusing to pay". Also, there were not injuries or damages other than the two cars. Thank you for taking the time to offer your opinion.

Attorney Answers 6

  1. Wait, retain an attorney, sue. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff

  2. I would let your carrier handle the matter. If your daughter was injured, she should seek the advice of an attorney.

  3. Hire a lawyer and fight this.

  4. I agree with Mr. Coluccio. This is something that your insurance carrier will be able to handle for you if you file a claim with them.

    It does not sound like your daughter was at fault here. But I would like to answer your question was about how someone can be "at fault" while "performing a legal maneuver." Fault is based on whether or not a person is using reasonable care under the circumstances. Sometimes, a maneuver can be "legal" but not reasonable in the given circumstance. Again, I'm not trying to suggest that your daughter has any fault. Since there were no injuries, I don't think you need a lawyer on this one. Just set up a claim with your own carrier and let the adjusters hash it out..

  5. Alabama law is rare in that it still recognizes the doctrine of contributory negligence, which is what the insurance company is citing in the refusal to pay. However, based on the information you provided, I think you should be able to overcome that argument. One, it sounds like your daughter wasn't negligent. Two, if you are the owner of the car (and not your daughter), then I would argue to the insurance company that even if your daughter was 1% or more at fault, her negligence cannot be imputed to you. In other words, you have a claim against the other driver for property damage if you own the car. Technically, if your daughter does not own the car, she does not have a property damage claim for damage to the car. Your daughter still may have a personal injury claim though it she was injured. Best wishes and I hope this helps.

  6. Sounds like a failure to yield, but simply report to your insurance company to resolve. That's why we all carry insurance.

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