disputing a failure to yield right of way

[angela_hall]

What is the name of your state? Ga
I was recently in an accident in which the other driver failed to yield the right of way. He was turning left at an intersection while I was going straight across. He received a citation and the accident report states several times that he failed to yield the right of way and struck me. The problem is that the mother of the driver (who wasn't even present at the accident) is taking it to court. Does she have any chance for disputing this case? I think she may try to claim that I went around a driver who was in front of me, but the width of that particular road does not make that possible.

 

[HomeGuru]

What is the name of your state? Ga
I was recently in an accident in which the other driver failed to yield the right of way. He was turning left at an intersection while I was going straight across. He received a citation and the accident report states several times that he failed to yield the right of way and struck me. The problem is that the mother of the driver (who wasn't even present at the accident) is taking it to court. Does she have any chance for disputing this case? I think she may try to claim that I went around a driver who was in front of me, but the width of that particular road does not make that possible.

**A: you go to court and testify as to the actiual events that took place..

 

[seniorjudge]

What is the name of your state? Ga
I was recently in an accident in which the other driver failed to yield the right of way. He was turning left at an intersection while I was going straight across. He received a citation and the accident report states several times that he failed to yield the right of way and struck me. The problem is that the mother of the driver (who wasn't even present at the accident) is taking it to court. Does she have any chance for disputing this case? I think she may try to claim that I went around a driver who was in front of me, but the width of that particular road does not make that possible.

How/why is the mother taking this to court?

 

[angela_hall]

that's what I don't understand. I suppose because the driver was only seventeen and didn't quite know what was going on. The only reason this case matters is because their insurance company is telling me they won't fix my car until the dispute is settled. To me, it doesn't even seem like there should be a dispute, he failed to yield.

 

[HomeGuru]

that's what I don't understand. I suppose because the driver was only seventeen and didn't quite know what was going on. The only reason this case matters is because their insurance company is telling me they won't fix my car until the dispute is settled. To me, it doesn't even seem like there should be a dispute, he failed to yield.

**A: and why is YOUR insurance company not involved?

 

[angela_hall]

I have already filed the claim with my insurance company. They know I was in an accident and that it wasn't my fault. They also know that there is a dispute with the other person's insurance company about whether or not the other driver's liability will cover me. Do I need to get my insurace company involved to fight the matter for me?

 

[lwpat]

Your insurance company should pay for the repairs and then recover from the other insurance company. You need to notify the prosecuter in writing that you are prepared to testify at trial and for him to notify you of the schedule and any continuances.

 

[teflon_jones]

I have already filed the claim with my insurance company. They know I was in an accident and that it wasn't my fault. They also know that there is a dispute with the other person's insurance company about whether or not the other driver's liability will cover me. Do I need to get my insurace company involved to fight the matter for me?

Yes, you should get your insurance company involved. Assuming you have adequate coverage, they'll provide a lawyer free of charge. Based on the facts you've provided, the lawyer should be able to get the case thrown out or at least resolved very quickly.

 

[MandyD]

Your insurance company should pay for the repairs and then recover from the other insurance company. You need to notify the prosecuter in writing that you are prepared to testify at trial and for him to notify you of the schedule and any continuances.

There is no prosecutor. This isn't a criminal case, it's civil.