Who is at fault?

What is the name of your state (only U.S. law)? Georgia

My daughter was at a stop sign, stopped. She said another car was turning, and hit the front of her car on the drivers side. The other driver and his wife, got out and told her it was her fault...she was out to far. She claims she was not out too far. Who is at fault?

how long was your daughter stopped when she was hit?

Gamom4kids said:

What is the name of your state (only U.S. law)? Georgia

My daughter was at a stop sign, stopped. She said another car was turning, and hit the front of her car on the drivers side. The other driver and his wife, got out and told her it was her fault...she was out to far. She claims she was not out too far. Who is at fault?

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Your insurance company would be better suited to make that determination after their investigation.

She was at a complete stop, she says for a few seconds.( She says she's not sure it all happened so fast.) The officer said he could not determine who was at fault, so neither party received a ticket or citation. There was minimal damage to the other party's car, but on her car, the side headlight and front drivers panel were damaged. So it would be up to our insurance company to determine the fault?

insurance companies do not determine legal fault. The generally review the facts and will either stand fast that their client is not at fault, accept fault, or negotiate something in between. Only a court can determine fault.

If she was stopped for a matter of several seconds, I have a hard time seeing her as being at fault. Generally hitting a stationary object makes the person with the moving car at fault. The moving car has a duty to take whatever actions with due care so as to not hit a stationary vehicle.

Now, if the other car was in the process of turning and she sped up to the stop sign and stopped after the stop bar making it impossible for the other driver to avoid her, I can see where she might be found at fault.

Did the car that struck her also have a stop sign?

That is the most important question - if they did NOT have a stop sign, it's a lot more likely that she'll be found at fault.