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Old 09-16-2003, 11:35 AM
klayfish klayfish is offline
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Art,
Hate to disagree with you, but that is absolutely not correct. In a staight "rear-end" accident, it is almost always the car in the rears' fault (but there are even exceptions to this). But in a case like this, just because the impact is on the rear side, that does not make liability adverse to the lady.

I have to agree with Daves' thoughts. Without knowing all details and hearing both sides of the story, I wouldn't make a % liability call. I don't know if your son was in the left lane when making his turn. But if he was, then he made a right turn from the left lane, clearly an unsafe turn. The fact that it is a dually and may need extra room should be taken into consideration, and if he had his signal on, that should be considered too. But he definitely would share some liability. Again, I don't know all the facts, so I would not make a final call.

Your best bet is to file with your own company, let the woman file with hers, then let the insurance companies figure it out. That way it isn't a hassle to you.

Steve
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