I was at a 2-way intersection and traffic was coming left and right. Me and my boyfriend were coming out of a parking lot and we were making a legal passage straight from the parking lot to the other side of the street. A car sideswiped us coming from the right side our position.
Are we at fault or are they? Both sides of my car are messed up but only one side got hit. I’m not understanding what to do or how to go from there. Thanks for any information or perspective you can give.
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.
A review of applicable Michigan law will help in a determination of fault. Michigan Statute §257.649 states:
“(1) The driver of a vehicle approaching an intersection shall yield the right of way to a vehicle which has entered the intersection from a different highway.
(2) When 2 vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right.”
It appears you were in the intersection first, and before the other driver struck your car. If that is the case, the other driver should have yielded to you.
Obtain a copy of the police report. In it will be notations about citations issued, weather, obstructions, drivers and witnesses’ names, a diagram of the accident scene, and other pertinent information.
The receipt of a traffic citation under Section 257.649 can be used as evidence of fault. While not conclusive evidence, certainly the citation is strong proof in an insurance claim.
Contact the other driver’s insurance and file a property damage claim. Concurrently, notify your own insurance company and report the accident. Both insurance companies will investigate the claim. Once the investigations conclude, you will be in a better position to know who was at fault, and the type of compensation to be paid.
Learn more here: Side-Impact Collision Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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