Legal Question in Traffic Law in New York
which driver is at fault?
in ny state a 19 yr old with a learner permit has been involved in a two car accident. she did not have a licensed driver with her at the time of the crash. the accident occurred because the driver of the other car turned left in front of her. is she at fault for the accident or is the driver who made the unsafe left turn at fault? the car is legally registered and insured by her mother. there were no injuries to anyone in either car.
thank you very much for any assistance you can give me.
1 Answer from Attorneys
Re: which driver is at fault?
NY is a no fault state for the purpose of property damage. In fact while your daughter is guilty of driving without a license, that does not in and of itself cause her to be responsible for the accident. A court would apportion blame as it sees fit. Sounds like the purpose making the left, assuming all other things being equal, would carry a greater liability. Fortunately no one was hurt. Hence report it to the insurance company and get the child a driver's license.
Good luck.
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