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Info on Technicalities of and “At Fault” Accident

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kthomp66

Junior Member
My state is Ohio.

Hello all.
My mom had an accident tonight, and i’m just looking for some quick info on what we should expect insurance-wise.
My mom was at a four way intersection with a traffic light. She was on the side with the arrow light, but the arrow was not on (just green), and waiting for oncoming traffic. Across the road is a regular light with a “no left turn,” so the options are go straight or merge right. The guy across from her had his left signal on (on the “no left” side), and was sitting at a stand still waiting to go left. My mom was also unaware of the no left turn, so she proceeded to go left on the pretense that the other guy had his left signal on and was going left. Halfway through, the guy on the other side realized he couldn’t go left and proceeded straight and into my moms passenger side. The impact was in the dead center of both front and rear passenger doors, so she was almost complete in the turn. She also has a witness that stated the other guy had his left signal on and was stopped when she went. The officer on site told my mom that it was her fault because the other party wasn’t allowed to go left at the intersection, but he didn’t write any citations for either party. He also told her that because she was so far into the intersection, and because of the witness saying he did have his signal on, that insurance might call it 60/40 (60 for the other driver, and 40 for her).
I’m just curious as to what we should expect from insurance, and if anyone else has had a similar experience and how that outcome went.
Thanks in advance!
 
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kthomp66

Junior Member
No one was injured, and both are fully insured is what I got from the phone call.
If i’m guessing where you’re going with this, we’re not looking for any type of payout/we’re not trying to sue. We’re just wondering what to expect from insurance, and how we should anticipate them to rule on it.
 

adjusterjack

Senior Member
I’m just curious as to what we should expect from insurance, and if anyone else has had a similar experience and how that outcome went.
If I am reading it correctly, your Mom made an illegal left turn, failed to yield to an oncoming vehicle, and got hit.

Sorry, but I don't see any fault on the other driver.
 

quincy

Senior Member
If I am reading it correctly, your Mom made an illegal left turn, failed to yield to an oncoming vehicle, and got hit.

Sorry, but I don't see any fault on the other driver.
Mom didn't make an illegal left turn. She didn't, however, yield to oncoming traffic because she didn't think there WAS oncoming traffic.

Had the other driver turned left it would have been illegal for him. In his direction, left turns were not permitted.

It was the other driver realizing after signaling a left turn that he was not allowed to turn left that caused him to go straight into the mom's car, after the mom believed he was turning left.

I don't think anyone can predict how the accident will be settled. I just hope for the mom's sake that the other driver doesn't claim injuries.
 

justalayman

Senior Member
If the witness testimony supports the narrative posted I believe mom has a good chance of being ruled with no fault apportioned to her.
 

adjusterjack

Senior Member
If the witness testimony supports the narrative posted I believe mom has a good chance of being ruled with no fault apportioned to her.
Maybe. But only if it goes to court. My guess is that the other driver's insurance company isn't going to offer anywhere near 100%. Might even deny the claim based on Ohio comparative negligence law if Mom is more than 50% at fault.
 

kthomp66

Junior Member
If I am reading it correctly, your Mom made an illegal left turn, failed to yield to an oncoming vehicle, and got hit.

Sorry, but I don't see any fault on the other driver.
I don’t believe it was an “illegal” left turn, only the failure to yield maybe. On the side she was on, there was an arrow light. It was one of the ones that had one green arrow that shuts off but the light itself remains green if that makes any sense? It was on the other side of the road that no left turns were able to be made. Unless you mean “illegal” as in the failure to yield. Sorry, i’m a little unclear lol. But i do understand the failure to yield part that would go against her.
Mom didn't make an illegal left turn. She didn't, however, yield to oncoming traffic because she didn't think there WAS oncoming traffic.

Had the other driver turned left it would have been illegal for him. In his direction, left turns were not permitted.

It was the other driver realizing after signaling a left turn that he was not allowed to turn left that caused him to go straight into the mom's car, after the mom believed he was turning left.

I don't think anyone can predict how the accident will be settled. I just hope for the mom's sake that the other driver doesn't claim injuries.
that’s what i thought too, as far as what role my mom played in it with the failure to yield. I don’t think anyone is going to claim injuries because it was very low impact. No ambulances were called, and because they were both coming off a stop, my mom thinks she was only going about 10mph, and roughly the same for him.
Maybe. But only if it goes to court. My guess is that the other driver's insurance company isn't going to offer anywhere near 100%. Might even deny the claim based on Ohio comparative negligence law if Mom is more than 50% at fault.
that’s kind of what the officer alluded to, but he said that it “might” go 40% her fault and 60% his fault since there was a witness. of course that’s always subjective though, lol. i told her to just file her claim through her own insurance and cooperate with his when they call, and let the companies hash it out/arbitrate if needed.
 

quincy

Senior Member
... i told her to just file her claim through her own insurance and cooperate with his when they call, and let the companies hash it out/arbitrate if needed.
You gave your mother great advice except for cooperating with the other driver's insurance company. Your mom's insurance ageny should handle all communications. The insurance companies will battle it out.

I am glad no one was injured.
 

justalayman

Senior Member
About how long were you sitting still with these conditions

You had a green light
Car across from you had turn signal on and had NOT moved (after you had a green light)
 

kthomp66

Junior Member
About how long were you sitting still with these conditions

You had a green light
Car across from you had turn signal on and had NOT moved (after you had a green light)
It’s my mom that had the accident.
The witness that saw it said she went while the other driver in the accident was sitting because she also throught he was going left. She made it through, but when my mom went is when the other driver realized he couldn’t go. So maybe about 10-15 seconds on waiting roughly. As most say, my mom said “it happened so fast” that she couldn’t exactly gauge an exact time.

Also, I misunderstood her when she said where the damage was. They collided on her front passenger side bumper. She completely stopped when she saw he was going and he hit her while she was at a stand still. So she had almost completed the turn, but it was still fairly far up front on the vehicle. Sorry for the bad information. That was my fault.
 

justalayman

Senior Member
Mom cannot be expected to wait forever. If she waited a reasonable amount of time, her argument is the other driver yielded his right of way by inaction.

Supplementary defense is he indicated he was turning left and failed to do so. I know, at least in my state, the party similar in position as your mother was in this accident, has been ruled not liable as there is a valid reliance on the others use of their turn signal if their actions support the use was the actual intent of the other driver. It would be called detrimental reliance.

In other words, if there is s guy zooming down the road with no sign of slowing and I’m waiting to pull out onto the road, the turn signal is meaningless. If he slows as a person would as if they were turning onto the road I’m on and changed his mind as or after I pulled out, he is liable for any resulting accident.
 

Zigner

Senior Member, Non-Attorney
They collided on her front passenger side bumper.
With that being the location of the damage, it might cause the insurance company to believe your mom is more at fault. Also, if that is where the damage was, then she had not "almost completed the turn".
 

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