Driver failed to signal and was hit in rear bumper when stopped midway through a left turn.

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Driver failed to signal and was hit in rear bumper when stopped midway through a left turn.

Are both drivers considered negligent? Driver that failed to signal as required by law and the other for failing to have his car under control. Which driver, if any, is at-fault for the accident? Do both drivers share the blame? No one was hurt. Speed was around 25 mph. Auto hit in rear sustained minor damage. The car doing the hitting at approx 45 degrees sustained considerable damage in the front left corner. The accident happened at a 4 way intersection.

Asked on April 6, 2009 under Accident Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

While it sounds as if both parties were each somewhat negligent -- at fault -- but it's amazing how stories can change when people realize they have to pay for repairs, or may incur higher insurance rates or think there may be a barrel of money involved.

If fault is determined to be 50-50 no one collects, other than from their own collision insurance company. If fault is determined to be 60%-40% the person only 40% at fault collects some damages from the other (in all but a handful of states -- and NY is not one of them), but the amount she collects is reduced proportionally in most states.

Be sure to report the accident to your insurance company and file a report of the accident with the DMV.

 


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