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  1. #1
    Join Date
    Nov 2010
    Posts
    2

    Default Failure to Yield to Oncoming Traffic

    My question involves a traffic accident in the State of: PA
    My husband was going straight through a controlled intersection with green light, when the person driving a vehicle in cross traffic failed to yield to him and turned left in front of him. He tried to swerve and miss her but hit her passenger side in the rear. We sustained a large amount of damage to our vehicle and just have liability insurance. The cop said she would receive a citation for failure to yield the right of way. She is fighting it and said that my husband was at least a block away when she started to make the turn. And the insurance adjuster is saying since my husband hit her towards the rear that he should have yielded to her since she was so far into making the turn. When the reason he hit her towards the rear of the vehicle is because he swerved to miss her and almost went into oncoming traffic. She also told the cop that my husband was speeding. The speed limit was 35mph and my husband said he was going that or within 2 mph of that. Just wondering what we need to do. It seems that we are powerless in the situation, since we have liability insurance. My husband did go to ER to get his back and neck checked out, since he was in a lot of pain. X-rays turned out fine and DR said he would be sore for a few days. Our 4 year old daughter was in our vehicle also and she is fine. The insurance adjuster said that this could take a few days or a few weeks or a few months. This is our only vehicle and is not in drivable condition now.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,031

    Default Re: Failure to Yield to Oncoming Traffic

    If you cannot work things out with her or her adjuster, you can sue her for the damages in small claims court and see how that court resolves the case. Depending upon the amount you claim, her insurance company may make a better settlement offer, let her litigate the case herself and see what happens, or provide her with a lawyer to represent her in court. Pennsylvania apparently allows attorneys to represent the parties in small claims court.

  3. #3
    Join Date
    Nov 2010
    Posts
    2

    Default Re: Failure to Yield to Oncoming Traffic

    Well the adjuster is acting like we have the plague and everything is our fault, if the woman was cited for the traffic offense wouldn't that put her at blame for the accident? Does the adjuster have to come and look at our vehicle for the damages? The woman cited is already driving a rental vehicle, our children go to preschool together, so is it wrong to assume that the adjuster has looked at her vehicle and its in the shop?

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