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Who's at fault when a car pull out of parking spot and gets hit by car moving into the right lane?

Flushing, NY |

My father was pulling out of a parking spot, was all clear, but a car came around the bend -went from left lane into right lane and hit my father in the driver's door. The insurance is blaming him but the other guy even admitted fault and this accident would not have happened had that driver not veered from the left lane to the right. There's a picture of the accident showing my father's car half way into the right lane and the other car is partially in the right lane (their damage is on the front right corner) -their car is on an angle showing he was not completely in the right lane. We have the same insurance company and I feel they're not helping my father out at all

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Attorney answers 6

Posted

An accident can have more than 1 cause and both drivers had a duty to see what was there to be seen. They probably each have some culpability.

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Posted

New York is a comparative fault State, meaning that fault can be shared by the parties to an accident. In other words, it can be split 50/50, 80/20 or even 99/1 (although that would be unusual).

Sorry to say, but the general rule is that the person driving on the roadway has the right of way and someone pulling out of a parking spot must yield until they are clear. However based on what you describe the car changing lanes may share some of the blame. I would expect some sort of split. Hopefully your father has collision coverage otherwise he may have to bear the some of the cost of repairing his vehicle.

Good luck.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

Posted

It sounds like lions share of the fault would lie with your father as the operator of a vehicle entering the roadway from a parking spot. Vehicle and Traffic law section 1143 requires a driver entering the roadway to yield the right of way to all approaching vehicles on the road. Section 1162 prohibits a parked vehicle from moving until it can move with reasonable safety. It sounds like the insurance company is, justifiably, of the mindset that your father is at fault for violating one or both of those sections of the Vehicle and Traffic Law.

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Posted

If your company isn't fixing your dad's car, have one of the above lawyers in your state hold their feet to the fire.

Posted

Both are at fault. Consult a lawyer right away

Posted

As already stated, the general rule is that the driver on the road has right of way and another driver entering the flow of traffic has the duty to yield. In the absence of any evidence of fault, therefore, an insurance carrier can only conclude that your father was at fault. Here, however, there is very compelling evidence: the other driver's admission! Your insurance carrier couldn't hope for more straight-forward, unambiguous, probative evidence of who was responsible for the accident. Therefore, your carrier has no basis for blaming your father, denying any claims, or raising your premiums. Call your claims adjuster and ask outright how they can ignore the other driver's admission. Hope this helps.

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