if the second driver admits fault or is found at fault will

by vonnev » Sat Mar 08, 2008 07:07 am
Posts: 1
Joined: 08 Mar 2008

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?

Total Comments: 15

Posted: Sat Mar 08, 2008 01:24 pm Post Subject:

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.

Posted: Sat Mar 08, 2008 07:09 pm Post Subject:

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?

can my daughter have her license pulled?

No, not unless CA has some odd law regarding this...

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...

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! :D )

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....

can my loan company decide to take back my car?

Heavens no, (if you are making your payments correctly) why would you think that?

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...

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.

Posted: Sat Mar 08, 2008 11:55 pm Post Subject:

See vonnev I told ya someone around here could help ya. Pretty amazing isn't she?

Posted: Sun Mar 09, 2008 11:30 am Post Subject:

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.. :oops:

Posted: Sun Mar 09, 2008 05:25 pm Post Subject:

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



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.

Posted: Mon Mar 10, 2008 11:28 am Post Subject:

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....

Posted: Wed Mar 12, 2008 01:07 am Post Subject:

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.

Posted: Wed Mar 12, 2008 11:06 am Post Subject:

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!

Posted: Wed Mar 12, 2008 07:45 pm Post Subject:

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.

Posted: Wed Mar 12, 2008 11:47 pm Post Subject:

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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