Auto Insurance Claims: 50/50, due diligence, hi chris


Question
On June 19th in NY, we had thunderstorms knocking power completely out at a couple intersections. Long story short, a vehicle struck me completely ignoring the fact that when there is a non-functioning light, it becomes a 4-way stop. I attempt to make a left-hand turn and I get hit as I'm making the turn. The intersection has skid marks from the other vehicle. We both go to the hospital, we both for the most part are alright. The officer takes statements from both of us and talks to a 'witness'. In the accident report, the 'witness' states I was in a stopped position before going through the intersection. When my insurance asks him for a statement, he says I never stopped at the light. Because of that my insurance says they find me and the other vehicle 50/50 at fault. I talked to the police officer and asked him why no ticket was issued to the other driver for going through a 4-way stop. He said because there was no fatality and I had to use 'due diligence' in my part as a driver. My due diligence says that when a traffic light is out, ya stop, if not slow down at a non-functioning light. Anyways what does the 50/50 fault mean for me? Will my yearly payment increase? What if I got the officer to issue the other driver a ticket for going through the 4-way stop and it got changed to 100% his fault? Thank you.

Answer
Hi Chris,

Unfortunately in this situation no one wins. With a 50/50 liability decision it means you are both equally at fault for the accident. As such your premiums will likely be increased for the next 3 years. The police officer will likely not amend his report and at this point will not issue a ticket.  I'm sorry.

I hope this helps
Richard Hixenbaugh