Q: i was at a stop sign at a intersec. both lanes stopped to let me cross. a car passed the car on the rh leting me out ?
both lanes of travel stopped to let me out at a 4 way intersection. left to me an to right the other vehicle went into brakedown lane passing 2 stopped vehicles to the right of me on the right side and hit mine. no cars was turning both lanes of travel was stopped letting me cross it is a 2 way road with 1 lane of travel in each direction
Initially, the auto insurance companies may determine that the other vehicle had the right of way because that's the way they think, but there is Rhode Island case law stating that if the car ahead of you stops for something you have a duty to determine why before proceeding. The fact that the vehicle went into the breakdown lane is also a problem for them since they technically may have left the lane of travel and they really had a greater duty of care before doing that and passing the other cars.
I have successfully litigated and settled cases like this. Don't let the adjusters mislead you.
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