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sudden emergency law

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topcat7

Junior Member
What is the name of your state? ky
has any here ever heard of a sudden emergency law. my daughter was driving on the outside lane of a 4 lane highway, there was a van driving beside her on the inside lane. someone from the center turning lane pulled out in front of the van and instead of hitting that car the van came over into my daughters lane hitting her(about 1800 dollars in damage), her insurance said they wasnt going to pay because it wasnt her fault, it was the fault of the driver of the car that pulled out from the center lane(he did not stop)so my daughter took her to small claims court,i would of bet the farm that she wouldnt lose the case, well i would of lost the farm. the judge said that in ky. if you cause a acident trying to advoid a bigger one you are not at fault. my daughter who was not at fault just driving in her own lane is now out 1800 dollars to get her car fixed, has anyone ever heard of this law,and can you appeal a small claims case, this is a bunch of BS if you ask me.
 


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shell007

Guest
topcat7 said:
just had liabilty
Who just had liability?

The other driver I'm assuming. That is what liability coverage is for...to cover the other driver NOT themselves.
 
shellandty said:
Who just had liability?

The other driver I'm assuming. That is what liability coverage is for...to cover the other driver NOT themselves.
Based on the OP's original post, I would say her daughter had only liability. The other driver's carrier denied the claim because they found her daughter to be not at fault. The daughter cannot get her claim covered through her own insurance because she has liability only. Maybe she'll come back and confirm...
 
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shell007

Guest
topcat7 said:
no my daughter did--the other driver had full coverage
So then if the driver (who was in the "wrong") had full coverage, why didn't your daughter file a claim with their insurance co.?

Are you saying that your daughter did file a claim with the other driver's ins. co. and THEY denied it....therefore your daughter then took other driver to small claims?
 
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shell007

Guest
InsuranceLady: Got it...you were posting while I was typing!!
 
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shell007

Guest
topcat7 said:
What is the name of your state? ky
has any here ever heard of a sudden emergency law. my daughter was driving on the outside lane of a 4 lane highway, there was a van driving beside her on the inside lane. someone from the center turning lane pulled out in front of the van and instead of hitting that car the van came over into my daughters lane hitting her(about 1800 dollars in damage), her insurance said they wasnt going to pay because it wasnt her fault, it was the fault of the driver of the car that pulled out from the center lane(he did not stop)so my daughter took her to small claims court,i would of bet the farm that she wouldnt lose the case, well i would of lost the farm. the judge said that in ky. if you cause a acident trying to advoid a bigger one you are not at fault. my daughter who was not at fault just driving in her own lane is now out 1800 dollars to get her car fixed, has anyone ever heard of this law,and can you appeal a small claims case, this is a bunch of BS if you ask me.
So...it was not your daughter's fault...correct?

It was not the "Van's fault" because the van was avoiding a bigger accident...correct?

So...were is the initial driver in all of this that started this mess?
 
Sounds to me like your daughter is screwed. This should be an exepensive lesson to her. If the car is worth repairing, it's worth carrying collision coverage on it.
 

sukharev

Member
I could not find this law anywhere. What does the other driver insurance say? Can they give the exact reason/statute for denying the claim?
 

topcat7

Junior Member
sudden

right but also your lane is your lane, if someone comes into it for any reason and hits you then they should pay.then they should go after the one who caused it. this is just another screwed up law that hurt someone who was driving in their own space.
 

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