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  1. #1
    Join Date
    Jun 2009
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    1

    Default Taken to Small Claims Court for Accident, But Not at Fault

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

    In a rural area: My wife was stopped at a stop sign at a "T" intersection on a hill (oncoming traffic does not stop) and turned left onto the main road. She did not see the vehicle that swerved to "avoid" her, and lost control of its pop-up camper which detached and was damaged. There was no damage to either vehicle, just the camper. My wife did not receive a ticket but the driver of the vehicle is taking us to small claims court in an effort to get money ($500) from us.

    The intersection where this occurred is a bit of a blind spot as you would not see oncoming traffic traveling down the road until they have crested the hill. Even if the driver of the vehicle was not speeding, it would be conceivable that it would look clear once moment and he could be there the next. My wife saw him braking and swerving in her rear-view mirror after she had already completed her turn. His swerving tire marks are after, not before, the intersection which could indicate an overreaction. Bottom line, there was not a collision, which might usually indicate that it was not safe to turn.

    Please let me know if there are suggestions for how to conduct our court case, what the expected outcome may be, if possible.

    Thanks!

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