What can I do if I went through an intersection that was supposed to have a stop sign but did not and I hit another car?

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What can I do if I went through an intersection that was supposed to have a stop sign but did not and I hit another car?

My car was totaled and their’s was not. Both cars were insured.

Asked on July 14, 2014 under Accident Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other party was at fault (driving carelessly) and you were not, you could sue him or her for the damage to your car--or rather, for any amount or portion of damage not paid by your insurance, if you have relevant insurance (e.g. collision).

If you were at-fault (such as driving carelessly), you will most likely not be able to recover anything from the other party and in fact could be liable to them for their damage and cost; you will have to bear your costs and possibly their costs yourself, except to the degree you have insurance covering it.

It if unlikely you can recover anything from the town or municipality for the failure to have a stop sign, since even given that failure, drivers are expected to watch out for other traffic; it is most likely that your liability (or fault) and/or that of the other party (the other driver) will trump any liability for not having the sign.


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