Lane Change
The insured stated she was driving straight in her lane when clmt changed lanes into her vehicle. The claimant stated the Geico insured changed lanes into his vehicle.
What is Word vs. Word.
We will side with our insured. Claimant breached- lookout, and improperly changed lanes
Controlled intersection with stop signs. Insured had a stop sign. Proceeded forward and was hit by passing claimant without a stop sign. POI is t-bone Claimant stated they were just driving straight when insured proceeded forward from stop sign and claimant could not avoid. Claimant thinks insured ran the stop sign, but never saw the vehicle behind the stop sign. Only saw insured in the intersection.
Need more questions.
When did claimant first see insured's vehicle?
What did claimant do to avoid?
Insured would have the greater duty, but if claimant did not see insured until right before impact, then an offset can be taken for lookout. 70/30% majority insured for FTYROW. Claimant lookout, avoidance.
2019 Bentley was backing from their parking space. As a 2015 Nissan was driving down the aisle. Bentley backed into passing Nissan.
Not enough information.
How are the parking spaces? Straight or Slanted
One or Two way driving aisle?
POI to both vehicles?
3 lane highway. The 2015 Toyota is in the Far right lane. The 2019 Nissan Altima is in the far left lane. Both vehicles merge into the middle lane at the same time. Neither driver saw the other driver.
50/50- both parties failed lookout
4 way stop. Insured is to the right of claimant. Per both drivers, both vehicles arrived to the stop sign at the same time. Proceeded to drive forward striking each other in the center of the intersection.
100% FTYROW on claimant. Must always yield right of way to the right if all drivers are at the stop sign at the same time.
2017 Hummer was driving down the residential street when the 2019 Honda Accord backed from their driveway and was struck on the p/s rear bumper/tire area. The Hummer driver stated they didn't see the other vehicle backing until they backed out of their driveway and struck their vehicle. The Honda stated they were just backing out and didn't see anyone.
Backing party has the greater duty. 80/20 or 90/10 majority Hummer for improper backing, improper lookout. 10/20% breach on Honda for improper lookout.
Claimant stated insured changed lanes into their vehicle while avoiding another accident. Insured stated there was a phantom vehicle that changed into their lane, causing them to attempt to change lanes to avoid, but ended up striking claimant's vehicle.
UnControlled intersection- Insured driving 2020 Maserati turned left into claimant, causing claimant to strike the insured's front door.
Claimant driving 2025 Honda straight in their lane struck insured's front p/s door. Claimant stated they did not see insured until right before impact.
80/20 majority insured for FTYROW. clmt 20% lookoout/avoidance
Insured was backing from Costco parking lot and was about 1/3 of the way out. Claimant was also backing and was about 1/2 the way out of their parking space. Parking spaces are straight and neither driver saw the other vehicle until right before impact. Claimant stated he noticed insured backing and was hit when he attempted to press his breaks.
50/50 shared liability due to both parties backing and neither party seeing the other until impact. An argument can be made that the claimant stopped right before impact and the other driver backed until impact. Under this argument 60/40 would be accepted.