car turning left collides with oncoming, striking distance was a 100 ft from the point of in pack how fast was the car driving

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 1, 2011

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Insurance Question from Delair, NJ

Asked on 01/01/2011

car turning left collides with oncoming, striking distance was a 100 ft from the point of in pack how fast was the car driving posted speed limit 50mph. SUV heading N. through the green light intersection. small car made a left turn in the path of the suv both vehicle collides causing SUV to Roll over. small car spun 100ft N from the intersection. Who's at fault? 7 witness have conflicting stories. 5driver on the E/ W attested the light for them was red and change shortly after the crash. 1 witness said the Suv was doing 60 mph because he was behind them driving 60 enter on AMBER. police opinion indicated : There were no break marks left from the Suv was declare speeding. How is that? insurance declared 50/50 ?

Answer given on January 04, 2011

Unfortunately, not all accidents are easily settled as to who is at fault.  You indicated there are varying stories as to the cause of the accident, and since the police were not there, they can only describe the accident as it is explained to them by all parties concerned.

Since there are no brake marks left by the SUV, it would seem the driver may not have been paying attention, which could contribute to the accident. 

If the insurance companies declared it a 50/50 accident, then your insurance company will pay for your damages, less the deductible.  They will then work with the other company to collect 1/2 of the damages.  However, since there is no one held over 50% at fault, the accident should not be considered a chargeable accident.  Be sure to discuss this with your agent or insurance adjuster.

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