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Never heard of command of intersection ;law deals in right of way in intersection. For instance if getting there at or near same time ;you yield to vehicle to your right. Turn it over to insurance ;fill out state report if it applies(called blue accident report here) and they will settle it if the other driver has insurance. Read your policy on insurance right to represent you.Hope you exchanged information as required by most state laws.
Still trying to sort this out but how does somebody HIT someone else in a 4 way? The other car couldn't come to a stop from "0" mph in 50 or so ft? Somebody wasn't paying attention at all. It's not like somebody pulled out in front of him on a main road where they were going 50mph and couldn't stop in time. It was from a stop sign. He/she was stopped. And even if he was there first and had the "right of way" he should have still been going slow enough after he was stopped to NOT HIT the car that went "out of turn". Not implying anything one way or another about the OP but sheesh. The other car hit him after being stopped at a four way. How fast was that other car accelerating?
OP, just detail what you said to us and submit it to the insurance company. They represent you, that's what you pay insurance to them for. Based on what you describe I wouldn't worry about anything bad happening to you or your insurance rates. Some Cadillac owners think they own the road. One hit me in the rear end one time and pleaded with me to not report it and wanted to pay me on the spot with cash. I reported it anyway as it cost more to repair than what he offered.
Still trying to sort this out but how does somebody HIT someone else in a 4 way? The other car couldn't come to a stop from "0" mph in 50 or so ft? Somebody wasn't paying attention at all. It's not like somebody pulled out in front of him on a main road where they were going 50mph and couldn't stop in time. It was from a stop sign. He/she was stopped. And even if he was there first and had the "right of way" he should have still been going slow enough after he was stopped to NOT HIT the car that went "out of turn". Not implying anything one way or another about the OP but sheesh. The other car hit him after being stopped at a four way. How fast was that other car accelerating?
Four way stops are seemingly most confusing to many drivers. I am constantly almost hit-and honked at!?- (got hit once) while making a left turn on "my turn" because for some reason many drivers seem to think that the fact that they are going straight through the intersection that that somehow trumps the driver making a left turn who got to the intersection first.
Unfortunately when I got hit, also in Southern California with no injuries, an officer would not respond when I called the non-emergency police number (of course I wouldn't dial 911)- and even though the damage was evident that the other person went into the intersection well after I was already completing my turn; my right fender was damaged by his right front bumper- the insurance companies called it a wash. It didn't really affect my rates but still I was pissed that the obviously at fault driver got away with it.
Good luck to the OP, unfortunately,insurance companies see an opportunity to jack your rates after paying out by ascribing a certain percentage of fault to each driver in instances like this.
Four way stops are seemingly most confusing to many drivers. I am constantly almost hit-and honked at!?- (got hit once) while making a left turn on "my turn" because for some reason many drivers seem to think that the fact that they are going straight through the intersection that that somehow trumps the driver making a left turn who got to the intersection first.
I understand that as there is one when leaving my community and there are those that have absolutely no clue. My sarcastic point was that whoever hits somebody at a four way isn't paying a bit of attention at all because how can they be going fast enough to not be able to stop in time before hitting another vehicle. They've only gone 50 or so ft after their stop. Or did they just punch it as hard as it would go.
And even if they were there first and had the right of way they still have to do their part in avoiding an accident which they obviously didn't do because they are the ones who hit the other car.
The other way is if it's on a higher speed road in which the other driver didn't see the stop sign/flashing lights and plowed into the car turning because he couldn't stop in time. Of course that would be from not paying attention as well.
I was hit by an oncoming pickup who crossed into my lane on a bridge in Washington state several years ago. I got the names and phone numbers of two witnesses who were following me and saw it, and they said they'd testify if necessary. ("We thought he was going to hit us!") When contacted by the insurance company, they "didn't see it". The guy who hit me claimed I was over the center line.:roll eyes: Anyway, I told my insurance agent (and friend) what happened, but he said it wouldn't make much difference anyway, since Washington is a "no fault" state. Each insurance company just pays their client's damages. IIRC, I did have to pay the deductible, however.
I also want to offer my condolences for your damaged new car. That happened to me once. Sucks!!! Someone pulled into my lane from a blind alley. The car was a week or two old, but it was a new model (1980 Subaru), and it took a full 6 months to get all the parts shipped in from Japan! With rental fees, the car should have been totaled, but the insurance company wouldn't do it.
I was hit by an oncoming pickup who crossed into my lane on a bridge in Washington state several years ago. I got the names and phone numbers of two witnesses who were following me and saw it, and they said they'd testify if necessary. ("We thought he was going to hit us!") When contacted by the insurance company, they "didn't see it". The guy who hit me claimed I was over the center line.:roll eyes: Anyway, I told my insurance agent (and friend) what happened, but he said it wouldn't make much difference anyway, since Washington is a "no fault" state. Each insurance company just pays their client's damages. IIRC, I did have to pay the deductible, however.
I also want to offer my condolences for your damaged new car. That happened to me once. Sucks!!! Someone pulled into my lane from a blind alley. The car was a week or two old, but it was a new model (1980 Subaru), and it took a full 6 months to get all the parts shipped in from Japan! With rental fees, the car should have been totaled, but the insurance company wouldn't do it.
That is not what no fault insurance means, and Washington is not even a no fault state.
No Fault insurance doesn't mean no one is considered at fault for an accident, it is about who pays if someone is injured. For damage to the vehicles, fault is still determined and the insurance company of the at fault driver will reimburse the insurance company of the not at fault driver, or the companies may compromise at something like 60/40 or 75/25, etc.
OP, definitely talk to your insurance company. As long as you submitted the paperwork before the accident, it should be covered even if they hadn't updated their system yet. And yes, generally speaking, if you were the majority of the way through the intersection and the front of the other car hit yours on the side towards the back of your car, you should be considered less than 50% at fault. Your company should pay your damages and if you have a waiver of deductible, they should waive that, and then they will go after the insurance company of the other driver. Unless you were physically injured to the extent that you need medical treatment, you do not need to get an attorney.
It's too bad you didn't take pictures.
Almost everybody I now have phones with cameras, so anytime anything like this happens, take a LOT of pictures.
Like 50, 100 or more. Take closeups, panoramas, back up and take area shots of both cars, relationships of cars to roads, lights, signs, curbs, other cars, etc etc etc.
A few years ago I was rear-ended by an inattentive cab driver.
I did the things you need to do: I switched off my car, jumped out and made sure nobody was hurt.
Then is took about 50 pics. I put them all on a photo website, and sent the address to my insurance adjuster. The next day he called me back to thank me for saving him several days of work.
The others denied claim, and my insurance paid me off (less deductible), but my insurance also fought it, eventually won, and mailed me a check for my deductible!!!
My son totaled my truck while listed as a driver on my Allstate policy. Our rates did not change.
I assume he was responsible for this? Some insurance companies have "accident forgiveness". I don't know how else to explain something like that.
I will say this: I literally despise Allstate Insurance. If it was for free I'd go out and buy insurance from a real insurance company.
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The other car couldn't come to a stop from "0" mph in 50 or so ft? Somebody wasn't paying attention at all. It's not like somebody pulled out in front of him on a main road where they were going 50mph and couldn't stop in time. It was from a stop sign. He/she was stopped. And even if he was there first and had the "right of way" he should have still been going slow enough after he was stopped to NOT HIT the car that went "out of turn". Not implying anything one way or another about the OP but sheesh. The other car hit him after being stopped at a four way. How fast was that other car accelerating?
