Quote:
Originally Posted by spicyricecake
From what I was told she was passing a 2 way intersection and was waved to go, and was hit from the side by a scion XB who was speeding (according to gf)
Cop said there's no way to prove how fast she was going, so he gave her a citation for failing to yield to intersection.
My question is:
can this be fought in traffic court, and if so what are her chances?
Will her car be considered totalled, and if so, how much will she get? she's gonna need a new car after if that's the case.
I know everyone on this forum is really helpful when it comes to accidents and wanted to get some help... thanks guys.
Pictures taken:
http://ronniemyers.imgur.com |
Take this from a claims adjuster, without hearing the other side it will be hard to determine who is at fault.
However, here is my opinion, if she had a yield sign or stop sign and she proceeded to go when the other party did not have a yield or stop sign then she will be primarily at fault for the accident. It does not matter if the other driver in the other lane let her go into traffic. She did not have the right of way, someone may argue with me on this but compounding this with the fact that she was cited with a citation for failure to yield does not look good. If she's at a stop sign and she proceeded to go, she needs to maintain proper look out before entering an intersection.
Also, yes from the looks of it the car is a total. Side air bag deployment with possible frame damage.