Auto Insurance Claims: t-bone accident, t bone, san francisco bay area

Question
My son was driving down the street and an old man pulled out of a parking lot and he hit the man. My son was doing 35 mph when they hit. Who is at fault?

Answer
Hi Mitch,
If the posted speed limit was 35 MPH or greater, the person pulling out of the parking lot will be considered 100% at fault.

If the posted speed limit is 25 or 30 and there were witnesses who will state that your son was speeding or if he admitted on a police report or to his insurance company that that he was speeding, then a percentage of the fault will be assigned to your son.

This means that depending on the assigned percentage, he will only be able to collect a portion of his damage and your insurance will have to pay a portion of the damage to the other car.

I hope that you find this to be of help.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area