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Old 09-16-2003, 06:53 PM
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TonyMadrid TonyMadrid is offline
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Join Date: Apr 2003
Location: Sparrowbush, NY
Cobra Make, Engine: A&C 351W, C4
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Default at fault or not

I am not sure if the accident state is a comparative negligence state or not. If it is then the two insurance companies will negotiate their own insured's portion of liability. In comparative negligence states, unless it is a direct rear end hit or one of the drivers blows a red light or stop sign and T-bones the other car, there will always be some degree of comparative liability. It seems that if your son was turning from the right lane but had to make a wide turn based on the physical dimensions of the vehicle then he should not be held to much of a % of liability. However, if he did turn from the left lane his portion of the liability will be increased.

Some of the other posters mention to let the ins. co's hash it out. All well and good but if your son is deemed to be at fault, no matter what the percentage, it would be deemed a chargeable loss and would affect your premiums. I would be ready for the worst case scenario and argue to the max for the best case scenario. If you are not satisfied with the decision your ins. co. makes you can always file a complaint with the state's Dept. of Ins.

On another note, many posters have made mention of No-Fault insurance. No-Fault Insurance only has to do with injury claims. No-Fault states are states that no matter who is at fault, as far as medical bills are concerned, no one is at fault. If there are no injuries, then the No-Fault or what is called the "Personal Injury Protection" portion of either policy would not even come into play. With no injuries, the only portion of both policies that would come into play are the Physical Damage coverage or Collision portion and the Liability portion for the property damage caused.

Good Luck,

Tony
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