Who is at fault? Right side hit by headlight

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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: Oct 8, 2018

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Insurance Question from Irvington, NJ

Asked on 10/08/2018

Who is at fault? Right side hit by headlight Hello,I was in an accident on Sunday with a white gmc suv. She hit my right side where the headlight was. It was a four way intersection with only a stop sign on my side. I made sure to stop and i checked but when i got to the middle i seen her speeding so I swerved to try to avoid her, but she ended up hitting me. Who is at fault

Answer given on October 10, 2018

If you are at a four way intersection and you have a stop sign, you are expected to yield to oncoming traffic. Even though the other party was speeding, unless there is a witness or evidence to that fact then you would still not have the right of way and you are expected to yield. You didn’t say if the police came and if there were any citations issued. That would have an effect on the outcome of the responsible party in this incident.  If there is no damage to her car, you may want to just fix your car and leave the insurance out of it. If she had damage, you can offer to pay the repairs, if they are small, or contact your insurance company and give them your statement and let them handle it. 

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