At fault Accident?

[elizam90]

My son had an accident in my 5-day old 2001 BMW! He was broadsided as he entered the intersection on a yellow-probably late turning red. The police report now says he was at fault. The car sustained major damage. It said the other cars were going 30mph. Don't you have an obligation to allow intersection to clear? If he ran the red-light I assume he would have hit them. It is impossible to go from 0-30mph from a dead stop at this intersection. Do we have a defense to fight the liability and possible citation? Help!

 

[racer72]

If your son entered an intersection that had a yellow light (illegal in all 50 states) and was hit, the other vehicle obviously ran a red light unless the traffic light was malfunctioning. Your son does not have an excuse to fight a citation, but I would try to go for a 50/50 split on the insurance claims though. That will be up to each insurance company to figure out.