Visitor Question

Rear Ended While Waiting to Turn at an Intersection…

Submitted By: Josh (Chicago, IL)

I was waiting at an intersection to make a left hand turn when another car hit me in the rear drivers side of my car (my point of contact was 6 his point of contact was 1). I was in the intersection waiting to turn for about 30 seconds prior to the collision.

Who is at fault in this accident scenario? What should I do?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Josh,

Unfortunately, without more information about the accident it will be very difficult to assess liability. If the collision was serious enough to have the police dispatched to the scene the police will have created a report.

If the police believed one of the drivers violated a traffic law they may have issued a citation. The ticket itself will be a substantial factor in the assessment of liability.

Inasmuch as you are apparently using terms normally reserved for police officers dispatched to a collision, there may be a police report in existence.

If so you should rely on it. It will credibly determine who was probably at fault in the collision.

If the collision wasn’t serious enough to have required the presence of a police officer then all you can do is report the collision to your insurance company. Hopefully at the time of the collision you exchanged insurance information with the other driver.

In addition to reporting the collision to your insurance company, you should report the collision to the other driver’s insurance as well. Once you file your claim, you will have to sit back and allow the insurance companies to battle it out to see who they’ll determine to be at fault.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: January 15, 2012

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