**POLL**who's at fault (driving)?

[Ness]

Both cars are legally at fault. It doesn't matter who is "more at fault" because citations are not issued for being "More at fault than the other guy". One person was speeding. One person had unassured cleared distance. They will be issued citations accordingly.

For insurance purposes, there will be a fiasco between each party and the other's insurance, which will most likely result in each paying for the other's damages, and both rates going up. From the ins. company's POV, their client was issued a citation for breaking the law and resulting in an accident. The details do not matter, either way you have given yourself a higher element of risk to insure.

 

[Linflas]

Originally posted by: ness1469
Both cars are legally at fault. It doesn't matter who is "more at fault" because citations are not issued for being "More at fault than the other guy". One person was speeding. One person had unassured cleared distance. They will be issued citations accordingly.

For insurance purposes, there will be a fiasco between each party and the other's insurance, which will most likely result in each paying for the other's damages, and both rates going up. From the ins. company's POV, their client was issued a citation for breaking the law and resulting in an accident. The details do not matter, either way you have given yourself a higher element of risk to insure.

I think that will probably depend on state law but generally the way they work these out is each person pays their deductable and both have "at fault" accidents on their record. That is assuming that the police and insurance companies can determine that the other driver was speeding.

 

[911paramedic]

Originally posted by: conjur
40 in a 25 is speeding, yes, but person X should make sure he (or she) can safely leave the stop sign before doing so.

I second this.

 

[ohtwell]

Person X is at fault because they shouldn't have gone in front of the other car. Person Y had the right of way regardless of their speed!


: ) Amanda