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My van was hit in an intersection | Fault?
My van was hit in the intersection where I had the stop sign and the other party did not. I was hit in the sliding door and rear quarter panel.
I had paused in the intersection because after I entered the intersection, a pedestrian had stepped off the curb.
The other party is claiming that I ran the stop sign. I not only didn't run the stop sign but I was there for a while before the road cleared.
The other vehicle hit me at full force in the back half of my vehicle.
No brakes or skid marks or horn.
His insurer is claiming that I am at fault, I don't see how? If I had ran the stop sign and he saw it, then how come he hit me in the back half of my van without any attempt to avoid me.
The bottom line here is that you had a duty to stop and yield the right of way. You may have an offset of liability (a percentage) simply because the point of impact. You appear to be already in the intersection.
However, the collision is evidence that both vehicles were there at the same time (two objects must be physically at the place and at the same to collide).
Please see our section on fault here: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html
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