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- State Farm Bank® Full Service Financial
My girlfriend was in an accident a couple of months ago. On a three lane road she was merging from the left most lane into the center, at the same time, driver #2 shot out of a parking lot, speeding up to get ahead and skipping over the rightmost lane, getting into the center. He then hit his breaks and my gf hit him.
I know since she rear ended him, that puts her a fault 90+% of the time. BUT, I remembered there is some law (maybe not state law but in insurance contracts) that states a a driver is at fault if they could have easily avoided the accident. So what I am assuming, since the other driver could have waited instead of shooting out of the parking lot, thus avoiding any accident, she may not be at fault. Could any body help with citing the law or giving me an idea where to look.
She was completely cooperative. Driver #2's insurance provider never contacted her by phone. They did send a form for her to fill out testifying to her side of the story, which she returned completed. We have not heard anything else until today when a letter came in the mail asking for over $5,000 and saying she will have her license suspended if she doesn't pay. Plus interest and attorney fees.
Her insurance lapsed cause money has been tight and she didn't make the payment, putting her in this situation. Even if she can not get out of fault, how can she avoid a suspended license since she does not have the money to pay?
- 3 Comments
- civic2006 on Nov 16, 2011 02:03 AM
Just response from your post, I am not a lawyer either.
Well, without a witness or any physical evidence this would be difficult to prove who would be at fault. If police report was made and your gf was put at fault that would be difficult to fight. If you are asking the vehicle code violation, regarding vehicles failure to yield from private lot entering highway....there is a section for that. Depends on each state....
what you want to know if there is a vehicle codes section for a vehicle failure to epends on any witnesses at the scene and if a police report made. If no witness police report and conflicitn statements then- RositaJ on Apr 4, 2011 10:06 AM
I'm not a lawyer, so take my ideas with a grain of salt.
You don't say whether the police showed up at the accident. If they did, then the police report will probably decide who was at fault - if they gave your gf a ticket, they think she was at least partly responsible and the only way she'll overrule that is by going to court and fighting the ticket. If you didn't call the cops, it's not as clear.
I'm pretty sure that the other person's insurance company can't suspend a license - only the state that issued the license can suspend it. In most place it's illegal to drive without insurance, so she's probably screwed anyway and will lose her license for that reason. I'd start by calling the DMV in your state to find out what the rules are. And then calling the other insurance company to see what's up. You might have to go to court to resolve the situation, but that will probably cost more than $5,000.
- Jenny Li, Editor in Chief, on Apr 1, 2011 12:42 PM
Sounds like your girlfriend might be in a difficult situation since she was uninsured at the time of the accident. You appear to be referring to a legal doctrine and I suggest you consult with an attorney regarding your question.
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