Auto Insurance Claims: stop sign, Who is at fault?

Question
If another driver runs a stop sign and I hit them does it matter where the damage is on their car?  Insurance company is trying to tell me since damage was to rear passenger side that may limit liability due to the fact the other driver almost cleared the intersection.

Answer
Lynn,

  Although what you describe is a common argument, very rarely does a jury agree with that idea of who is at fault.  The only way one can answer the question you pose is to guess at what a jury would answer to official jury charges regarding liability.

  I have personally litigated more than one case like what you describe and not once has the "control of the intersection" argument worked.  In every case, the person who had the stop sign was found majority at fault.

  Unknown things like the exact speed of each vehicle, visibility, vehicle braking capability, weather, road surface and many other things can come into play when trying to determine who is at fault or how much at fault one person is compared to the other.  

   Unfortunately, the insurance company that is denying your claim knows that you probably do not have what it takes to force them to pay.  The best resolution to stubborn carriers is knowledge.  Depending on the State where this occurred, the small claims court may be a saving grace for you.  Most of the time with just a little direction, one can successfully represent themselves and force insurance carriers to be a little more reasonable.  

   Of course if you weren't paying attention and there is a huge intersection where you had plenty of time to see the other vehicle entering and simply didn't take care to avoid an accident, then the accident might be your fault.  It is obviously not okay to ram into someone, even if they did run a stop sign or red light.  The question is whether or not you acted as a reasonably prudent individual would have under the same circumstances.  If you can answer yes, then a jury should be able to see that too and the credible threat of a lawsuit should make the company come around.  

    I hope this helps. . . look us up if you get lost.  Information is always free at Petty Details, LLC!

JP