Had the right of way and the other car did not stop on the stop sign

by Dorothy

There were two cars involved in the accident and I had the right of way (no stop sign what so ever) and the other car failed to stop on the stop sign.

There was no way he even slowed down on the stop sign because he hit me right on the driver side.

Fortunately, nobody was hurt and still consider myself lucky considering the impact of the accident caused my car to swerve 90 degrees, missed a private lawn by zero inches, and missed a parked Lexus car by three to four feet.

I was driving an SUV and he was driving the minivan so he had a lower front and did not break any of my windows although the impact caused a serious damage on my doors and caused both my tires at the back to blow. I immediately dialed 911 after the whole incident. The ambulance quickly responded and the police were there minutes after the ambulance came.

The EMT asked me if I was feeling okay. I said I was fine but an hour later started feeling some neck pains and headaches. There were a lot of witnesses volunteering to the cops to testify about what happened, but I believe they said it was not necessary. I will definitely find out within 4 days as soon as I get my police report.

Since I was still in severe pain two hours later, my sister had volunteered to come home from work and take me to the emergency room. I spent the whole day in the ER trying to get examined and hopefully get some medical advice considering, the pain is probably caused by the whiplash of the accident.

Now here are my questions:

1. Will I be fully covered by the other vehicle’s insurance considering he failed to stop at the stop sign and I had the right of way?

2. If they do cover for the whole damage of my car, when can I expect to get my car back and can I choose my own mechanic to fix my vehicle?

3. Should I consider hiring an attorney for the worsening neck and back pain that I’m having?

An immediate answer would really be helpful. I’ve never been in a car accident and I have no idea of the insurance procedure.


Answer:


1. Will I be fully covered by the other vehicle’s insurance considering he failed to stop at the stop sign and I had the right of way?

It depends on the insurance investigation. They are going to call you and ask for a recorded statement.

There they will look to see if you fail any duty or New York statute.

Saying something like “I did not see the other car” or I “did nothing to avoid because I did not have time” can put you at fault.

For more information about fault, visit:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

For information about recorded statements, visit:

http://www.auto-insurance-claim-advice.com/Recorded-Statement.html


2. If they do cover for the whole damage of my car, when can I expect to get my car back and can I choose my own mechanic to fix my vehicle?

It depends on who will be covering the loss. If the insurance companies decide that you are not at fault at all quickly, you can go through the other person’s insurance company and have all damages covered.

However, if the insurance companies start to delay the investigation or they decide that you were at fault, then you will have to go through your own insurance company, which they will charge a deductible until the fault issue is settled.

Can you choose you own mechanic?

Yes, you can, but your expenses must be reasonable and necessary , which will exclude “dealership mechanics and cost.”

3. Should I consider hiring an attorney for the worsening neck and back pain that I’m having?

Sounds like you have quite an impact. Talking to an attorney is always a good idea.

Most attorneys can guide you and tell you if you have a claim.

They can evaluate your claim and tell you how much your injury is worth. They can also help you with any fault issue.

To get an attorney near you, visit:

http://www.auto-insurance-claim-advice.com/find-a-lawyer.html