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Penn. Auto Accident -fault?-

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J

jumbojim77

Guest
Sorry for being long-winded, but this has me upset.
First:I'm 17, my car is insured under my parents insurance, can I legally sue or do my parents have to?
I'm In Pennsylvania.

I need some help with this if possible-
I was involved in a minor accident in which I was the driver of my own car. The accident is clearly the other guy's fault.
This is how it happened:
I was traveling down a 2-lane (on each side) road in the left hand lane. Speed limit 25. I was going 27-30 approx (i'd just pulled onto the road a 1/2 mile back. Out of nowhere, another car pulled out of a parking lot (no stop light) to my left, accross those 2 lanes of traffic and into my lane, forcing me into the right lane. He hit me and knocked me out of the right lane and onto the shoulder, up and over a 10" curb.

After the accident, he got out and asked if there was anyone hurt (I had 3 other people in my car) noone was.
He then said he was sorry and we exchanged insurance info.
Upon looking at the damage, I discovered that my front fender was where he made contact (with his right rear fender)

When I called his insurance company the next day they informed me that he said it was my fault and that I was speeding down the road and skidded into the back of him. The damage clearly does not show this.

His insurance company did not ask my side of the accident, but informed me that it is a driver vs driver incident and they would not pay. Is this legal?

My insurance company did a complete investigation and concluded that my story is much more believable and that they would not pay his claim.

My questions are...
When I go to court, will the court listen to the witnesses who were in my car?

I have a couple traffic laws on my side as far as right of way goes, this should help me, right?

Is it true that if the damage occurs in a certain area of the car, it is automatically a certain party's fault?

I appreciate any advice you can give me.


 



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