Mission, KS asked in Car Accidents for Kansas

Q: Can anyone tell me if I'm really at 60% fault?

I was hit by a car who is coming straight, when turning right at the stop sign. I have seen the car at a far distance but since the speed limit on the road is 35 I thought it takes some time for the car to come and I took a right turn. But the car came with a high speed and he couldn't apply brakes and hit my car on the back side. I made claim to the insurance and the adjuster decided that the fault ratio is 60-40. 60% fault on my side. But I feel that the other driver is at fault completely. Even after the accident, the other driver agreed that it is his fault. But when talking to the insurance people the other driver is not agreeing and changed the whole story. Can anybody tell if I'm really at 60% fault?

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: If he rear ends you he would be at fault, but as it is I'm not sure from your description how it happened so if the company doesn't understand either that may be the problem.

If, however, he hit you in the rear while coming from your left--i.e. he was on the road you were going to turn into, and you turned into his path but just underestimated his speed, it's on you.

If you are turning then the vehicles in the roadway you turn into have the right way, and if controlled by a stop sign you can only turn if it is safe to do so. So your company's doing you a favor by saying you are only 60% at fault.

However if it's a bad hit, take the police report and consult with a member of the Kansas Assn for Justice in the county where it happened to see if you have a case.

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