Results 1 to 6 of 6
  1. #1
    Join Date
    Jan 2012
    Posts
    3

    Default Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    My question involves a traffic accident in the State of: California

    I was driving on a 2 way street with two lanes per direction. The speed limit is 40mph. I was on the right-most lane. Right when I was crossing an intersection, a car (lets call it Car "A") pulled out of a parking lot (after the intersection) and merged into the first lane without looking. I hit the brakes, but since I did not know if I would be able to stop in time, I swerved to the left and was side-swiped by another vehicle (lets call it Car "B") that was going in the same direction on the 2nd lane. The damage to the car I was driving starts at the rear quarter panel and goes all the way to the front fender (totaled). The car that sideswiped me (Car "B") had less damage. The car that pulled out in front of me (Car "A"), causing the accident, had no damage. I managed to avoid impact with his car by swerving to the next lane.

    No police report was filed since everyone appeared to be cooperating and no one was injured. Driver who caused the accident said he didn't have a copy of his insurance with him (I later found out he had none, mistake on my part for not demanding proof at the scene). The car I was driving was not mine. I borrowed it from my father because my car had an engine failure a few days prior to the accident. His insurance refused to cover the accident because I was excluded from the policy. My insurance (which I have on my cars), denied the claim because my father's car was not in the policy and it was owned by a family member. Both insurance companies found the driver who pulled out in front of me (Car "A") at fault. The 2nd driver (Car "B) and a witness agree it was his fault for pulling out in front of me. The driver who pulled out in front of me had purchased insurance after the accident and given this information to my insurance. When my insurance denied the claim, they filed a claim with his insurance. After more than a month of waiting, I finally contacted them and they said they would not be covering the accident because the driver was not insured at the time.

    I am now at a point where I think I have to take the guy who caused the accident to small-claims court to try to get the damage two the two cars repaired.

    Am I obligated to cover the costs of the repair to Car "B", the car who sideswiped the car I was driving? or, Should the driver of Car "B" go after the driver of Car "A" themselves? The driver of Car "B" had mentioned that since my car hit his car, I should pay him and then get my money back from the driver who caused the accident.

  2. #2
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    You don't pay Car B driver anything. Car B driver files on their own collision coverage, pays their deductible and goes on with life. Their insurance company will subrogate Car A driver since they have already have made the decision that he is at fault. BTW, how do you know this was their decision? If they don't have collision coverage, they get to drive a beat up car. They can also decide to sue Car A driver, you, your father or any combination of you.

    You don't go after Car A driver in court. You have no loss. Your father has to go after him. Until then (and probably after), your father is out a car.

    BTW, who looked at your father's car to tell you it was a total?

  3. #3
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    My insurance and the insurance of the driver of "Car A" (which he got after the accident) sent someone out to look at my father's car. They both gave estimates of it being a total loss due to my father's car being an old car.

    The insurance companies that found the driver of "Car A" guilty are my father's insurance and my insurance. As far as I know, the insurance of the driver for "Car B" initially filed a claim with my father's insurance for the damage caused by my father's car, but this was denied along with any coverage for my father's car since I was driving. After this happened, I went through my insurance and filed a claim, but they also denied coverage since I was driving my father's car.

    The driver of "Car B" has not had his damages paid for, but he told me he already had it repaired out of his own pocket. It was relatively minor damage (~$1000). He has been waiting on the outcome of "Car A" driver's insurance investigation to see if they paid him back. The insurance for "Car A" already made their decision (denied coverage) and the driver of "Car B" has not contacted me to demand payment. We last spoke about 5 weeks ago, which was when he mentioned I should pay him and I should sue to recover. I told him to wait for the outcome of the insurance investigation for the driver of "Car A".

    My father's insurance and my insurance came to the conclusion (from what I was told by the adjusters) that the driver of "Car A" was at fault based on my testimony, the testimony of the driver of "Car B", and that of a witness. The insurance for the driver of "Car A" made no mention of fault. They just denied based on the policy being obtained after the accident occurred.

  4. #4
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    All that looks pretty legit. It looks like all companies involved made good decisions. It also looks good when they send out someone to look at the car prior to the decision being made. What companies did this? Keep them. Too many companies armchair quarterback their decision off statements and use what they can to deny without even looking at the damage. That is real unprofessional IMO.

    The poor decision here was driver of Car B having his car repaired out of his own pocket. That was a mistake and it will cost him. If he had filed a claim on his own insurance and paid his deductible, his insurance company would have gone after the at fault party in an attempt to recover their money and his deductible. If he didn't use them and they aren't out money, they aren't going to use their lawyers to recover what he's out of pocket. If he contacts you again, tell him to file on his own insurance and have them subrogate. When he says it's too late for that, ask him how much this lesson cost him. If he sues you, notify your insurance and they'll take care of it.

  5. #5
    Join Date
    Jan 2012
    Posts
    3

    Default Re: Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    Unfortunately, I am no longer insured by company I filed the claim with. Would this affect me in case the driver of "Car B" tried to sue me? The very same day that I had the accident, I bought another car and went to my insurance broker to find me a better rate and ended up switching from Hillstar to Progressive. Which insurance would I notify (as you mentioned in your reply above), Hillstar or Progressive? I'm guessing the one the claim was filed with. Since Hillstar denied coverage of the claim, would they still help me if I were sued by driver of "Car B"?

    You mentioned that the driver of Car B could have claimed it on his insurance and paid deductible. This is assuming he had Comprehensive and Collision insurance, correct? If he only had liability insurance, then there's nothing he can do through his insurance company?

  6. #6
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Do I Pay for Damages to a Car Caused by Another Driver's Failure to Yield

    If he sues you, you should notify the company that you had coverage with at the time of the loss. You had a contract with them. They should still help you.

    Car B needs collision coverage only. If he had liability only, then he chose to take the risk. He gambled. He lost. That's the way it works. All that money he "saved" in premium, he just paid out.

    1. Sponsored Links
       

Similar Threads

  1. Failure to Yield: Failure to Yield to Pedestrian While Following Primary Vehicle That Failed to Yield
    By gmichaels in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 01-13-2011, 01:14 AM
  2. Failure to Yield: Failure to Yield, Other Driver's Headlights Were Off
    By basketball762 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-29-2010, 09:06 PM
  3. Am I Liable for the Damages Caused By Someone Else
    By syphrin in forum Personal Property
    Replies: 2
    Last Post: 06-08-2010, 10:50 AM
  4. Failure to Yield: Cited for Failure to Yield Even Though Other Driver Ran Red
    By Jon07 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 11-28-2009, 10:08 AM
  5. Failure to Yield: Insurance and Driver Responsibilities After A Failure To Yield Accident
    By Ulric in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-21-2008, 03:25 PM
 
 
Sponsored Links

Legal Help, Information and Resources