offset intersection question?

Question

Recently, my wife was in an accident. I'll give the street names, not because you will know the intersection, but because it will make it easier to identify the details.

1st and Kessler

My wife was traveling Eastbound on 1st St. The driver of the other vehicle was traveling North on Kessler. This put her on the right side of my wife. This is an uncontrolled intersection with no traffic signs at all. My wife approached the intersection and slowed, did not see anyone and began to go through the intersection. She saw the other vehicle come towards and into the intersection without slowing. She slammed on her brakes and made contact with the rear driver's side of the other vehicle. 

Now the other driver's insurance company is saying my wife is at more than 50% fault because she should have yielded the right of way to the other driver, even though the other driver actually reached the intersection just after my wife did. And on top of this Kessler (the street the other driver was on) is offset through 1st street. Meaning that as you travel North on Kessler, approaching 1st St, as the other driver was, the right hand side of the road actually lines up with the LEFT hand side of the road as it contienues AFTER it crosses 1st St. 

What i don't know is why my wife is being called at more than 50% fault, when I believe it should fall at 50% each. And How much offset does a street need to have before it is considered 2 intersections? This is in Kansas

https://maps.google.com/?ll=37.685684,-97.385377&spn=0.001873,0.00283&t=h&z=19

This is the intersection. I appreciate any help.

Anonymous · Accepted Answer

It is useless to ask anyone else who might be at fault.  ONLY the involved insurance companies can determine "fault" (Liability).  Someone else's opinion does not count and means absolutely nothing. 
 I don't see that you have mentioned a word about your own insurance company and what they have to say about "fault"?  They should be involved in this too.  if they are not, I can guarantee you that the other company's client will be found less at fault than your wife.

When you have insurance.... USE IT  !

oklatom · Answer

The other insurance company is doing their job of protecting their customer by trying to reduce their fault.  Your insurance is doing their job of trying to protect you.

Truth of the matter is, the two insurance companies will make the final determination.

If you want my thoughts, I would bet your wife is more than 50% at fault based on her hitting the rear of the other car, rather than him hitting her, showing the other car was there first.

We have a similar interest ion in our town, and resolved the problem with a traffic light.  You might want to look at statistics, and see if that intersection has had more than the normal share of accidents.

? · Answer

At intersections the place there are actually not any site visitors instructions, all drivers are in charge for yielding. they ought to observe of yet another automobile interior the section, and the actuality which you stated your spouse hit the different driving force interior the rear of the driving force's area shows, in a criminal section, that your spouse is greater at fault than the different driving force. needless to say the different driving force might desire to've been paying interest, yet there is very almost no difficulty wherein the guy who rear-ends somebody isn't at fault.

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offset intersection question?

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