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 Posted: Sat Mar 08, 2008 7:07 am Post subject: if the second driver admits fault or is found at fault will |
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| help, we live in california, my 18 yr old daughter has had her license for 2 wks and has had 2 accidents. the first was at a 4 wy stop when she pulled out she thought the driver facing her was going straight also but unfortunately she was turning left in front of my daughter, pretty simple, my daughters fault right and our insurance pays. luckily not alot of damage on our car. the second accident was another 4 way intersection but no stop signs my daughter was getting ready to make a left hand turn and stopped for oncoming car, the other car stopped also and waived my daughter on, the other driver then turned around to talk to her passengers and then without looking back at the road first ran into my daughter after she had already started to make her turn, my daughter and neither of the other drivers called the police either time unfortunately. can my daughter have her license pulled? if the second driver admits fault or is found at fault will her insurance cover the damage to my car even though it had some superficial damage from first accident? is my daughters new license and/or previous accident a liability in second accident as i suspect? can my loan company decide to take back my car? can our insurance drop me? how do they determine fault if the other driver denies it? |
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vonnev
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| Posted: Sat Mar 08, 2008 1:24 pm Post subject: |
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| Wow sorry to hear your having such a hard time. Stick around as complicated as this sounds someone here will sort it all out for you. Hang in there. |
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fireyone
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| Posted: Sat Mar 08, 2008 7:09 pm Post subject: |
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| Quote: | | the first was at a 4 wy stop when she pulled out she thought the driver facing her was going straight also but unfortunately she was turning left in front of my daughter, pretty simple, my daughters fault right and our insurance pays. |
Has this one already been investigated and settled/paid? From you discription your daughter may not have been at fault...
On both accidents, who arrived at the intersection first? Also the point of impacts (as exact as you can get) on both accidents to your daughters and the other vehicle...both accidents they were facing each other? What about turn signals? Were they on (both cars both wrecks)
Both parties on the first accident had stop signs? and neither party did on the second is that right?
| Quote: | | can my daughter have her license pulled? |
No, not unless CA has some odd law regarding this... | Quote: | | if the second driver admits fault |
admitting fault oddly enough really doesn't make that much difference, the average citizen has no idea about negligence laws... | Quote: | | or is found at fault will her insurance cover the damage to my car even though it had some superficial damage from first accident? |
yes, if she is 'found' at fault, the insurance company will more than likely be able to tell what damage was caused from each wreck (although as an adjuster these are a pain in butt!  ) | Quote: | | is my daughters new license and/or previous accident a liability in second accident as i suspect? |
well, kind of your insurance company will see the prior accident (assuming that was turned in) did they not inspect her car from that loss? Did they pay you to fix it? (another way they will know which damage is which), her age, and the fact that she's had two accidents so closely together (if they other carrier is aware) does not bode well in her favor, some adjusters will look at an inexperienced driver a little harder as well, but really it will come down to the investigation, they 'shouldn't' allow these things to influence their decision, but we are all human.... | Quote: | | can my loan company decide to take back my car? |
Heavens no, (if you are making your payments correctly) why would you think that? | Quote: | | can our insurance drop me? |
Well, I guess they could or ask you to exclude your daughter, minimally if both losses are her fault you will see a big spike in your rates come renewal time... | Quote: | | how do they determine fault if the other driver denies it? |
They will take statements from both drivers, the will look at both vehicles, and may look at the accident scene as well, also statements from any witnesses....
Please answer the questions I've asked and we'll see if we can't be of more assistance to you.
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Mar 08, 2008 11:55 pm Post subject: |
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| See vonnev I told ya someone around here could help ya. Pretty amazing isn't she? |
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fireyone
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| Posted: Sun Mar 09, 2008 11:30 am Post subject: |
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| Quote: | | See vonnev I told ya someone around here could help ya. Pretty amazing isn't she? |
no not amazing....thanks though fireyone, that was sweet.. 
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Lori
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| Posted: Sun Mar 09, 2008 5:25 pm Post subject: |
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| Quote: | | my 18 yr old daughter has had her license for 2 wks and has had 2 accidents. the first was at a 4 wy stop |
| Quote: | | the second accident was another 4 way intersection |
The best thing a driver can learn is how to _avoid_ an accident. I'm hoping you are considering a few ride alongs with your daughter to see if she might be able to learn a few pointers. Many things usually come with experience, such as knowing a bone head driver just by looking at them, but this experience level can be expedited with a helping hand. |
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tcope
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| Posted: Mon Mar 10, 2008 11:28 am Post subject: |
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| Quote: | | The best thing a driver can learn is how to _avoid_ an accident. I'm hoping you are considering a few ride alongs with your daughter |
Terrific advise tcope hope the OP takes it....
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed Mar 12, 2008 1:07 am Post subject: |
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| I think thats one of the scariest things that a parent has to face...teenage driving. Not only do you have to think about their inexperience and excitement of driving, you also have to consider the other people on the road. I just went through that with my teen. Knew he was drinking among alot of other things so I refused to sign for him to get his license. Just can't see putting a danger out there that doesn't need to be...not to mention I didn't want it on my conscience had he hurt someone. |
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fireyone
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| Posted: Wed Mar 12, 2008 11:06 am Post subject: |
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| Quote: | | Knew he was drinking among alot of other things so I refused to sign for him to get his license |
GOOD FOR YOU FIREYONE! I'm impressed now a days too many parents worry too much about making their kids mad, or being their friends rather than their parents that they cave....Great job (one parent to another)! BRAVO!
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Wed Mar 12, 2008 7:45 pm Post subject: |
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| Thanks Lori. You would be one of the few whom agree that I was being totally mean and unfair. It feels good to actually see someone understanding where I am coming from. I quit giving into his temper tantrums years ago. I did lay an offer on the table for him...one that involved frequent testing...he turned it down so I figured getting his license wasn't important to him so I wasn't going to put it on my priority list either. |
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fireyone
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| Posted: Wed Mar 12, 2008 11:47 pm Post subject: |
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I don't have any kids (not married... to ugly, but that is another thread) and I've been an adjuster long enough to where I understand that everyone makes mistakes. While I understand that younger drivers make more mistakes I also see that many of them tend not to understand the old saying that driving is a privilege... not a right. I moved to UT last year and had to take the written test (open book... waste of anyone's time). While I was there I saw sooooo many people fail the written test (many the 2nd time that day). How hard can it be to study a small book? They thought they could just skate by without even reading it? I certainly don't want to be next to them on the highway at 70mph! But that is just the adjuster in me. I also charge the parents in seeing that their kids don't abuse the privilege of driving. It's good to hear parents that take an interest in how their kids drive. I'm not expecting miracles... I was a kid once also... just a guiding hand.
So, thank you. |
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tcope
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| Posted: Thu Mar 13, 2008 12:18 am Post subject: |
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| True. Kids these days definately need a guiding hand since you can't be with them 24/7,plus sooner or later the have to be able to make responsible decisions on there own. Not studying the drivers book is one of my basic examples about how kids want everything without putting forth effort. I'm not saying every kid out there is like that but I think we need to relize this is becoming the outlook of the younger generation. Hopefully they will relize driving is a priveledge and also a necessity in alot of areas if they are going to prosper. How else are they gonna get to work or from A to B. Sad thing is usually young kids have to lose a priveledge to truly learn how valuable it was. |
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fireyone
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| Posted: Thu Mar 13, 2008 10:25 am Post subject: |
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| Quote: | | had to take the written test (open book.. |
| Quote: | | I saw sooooo many people fail the written test (many the 2nd time that day) |
How is that POSSIBLE? Were they blind folded? Oh my gosh....flunking an open book test? Can you spell stupid? I've never heard of such a thing! I'm appauled, anyone that flunks an open book test (not to mention twice) should not be able to take it again for three months! that's just crazy! (unless they can't read, that's a different story, but I'm sure wasn't the case).... | Quote: | | I certainly don't want to be next to them on the highway at 70mph! |
no kidding!  | Quote: | | I'm not saying every kid out there is like that but I think we need to relize this is becoming the outlook of the younger generation. |
and I lay the majority of this directly at the feet of their parents!
_________________
"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu Mar 13, 2008 1:44 pm Post subject: |
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| I agree and both disagree with parental liability here. I admit to some responsibility in sheltering my son in the beginning but started seeing the results of my actions almost immediately. Soon as he couldn't get what he wanted from me it was off to Grandmas,grandpas and any other relative he could play. Of course in doing this he would make me look as if I were the mean one. A little later everyone started opening their eyes to the game he was playing. I think here the majority of the blame was held by everyone and The doors of communication weren't open far enough. I would hear " boy I gave the kid $10, Felt bad for him. Why couldn't you give him a couple dollars you are his mom?" I would say that it wasn't being used for the right reasons (drugs..alcohol). Never did any good..not until one by one everyone slowly caught onto his game...by then it was like fighting a losing battle. Hopefully now that he is out on his own all the advice he got from me along the way will sink in...Tried everything else...live and learn is probaly what its going to take. |
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fireyone
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| Posted: Thu Mar 13, 2008 11:03 pm Post subject: |
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| Quote: | | I agree and both disagree with parental liability here |
but you did do the right thing! What I mean by laying the majority of the blame at the parents feet is the parent that is too concerned with being their childs 'friend' and not making them mad...thus giving and doing everything for them, without the kid facing any concequense for their own actions...or (as tcope mentioned) the driving 'privelege' not a 'right'....too many parents (IMO) just cave and allow their children to grow up thinking the world owes them! maybe I didn't explain this correctly (?)
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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