Northridge, CA asked in Car Accidents and Personal Injury for California

Q: How are they claiming injuries and no fault in a left turn accident?

I was hit several days ago on my way to work. I was driving southbound on a road approaching an intersection (the road I was on did not have a stop sign on either side). A car was driving opposite of me (northbound) and was wanting to make a left turn.

I didn't anticipate that the car was going to take the left turn until I had passed through the intersection as I was very close and I had the right of way. Once I realized they weren't stopping/slowing down, I honked, applied my brakes, and swerved as they continued to make the turn and next thing you know, they collide into my car (left side damage to both my doors, rear wheel, and bumper). They Minor damage with no airbag deployment and they are completely unharmed.

I wasn't aware at the time but I suffered a concussion as my head hit the airbag really hard. I have a witness who saw it all happen.

The other party is claiming injury and not accepting fault. I'm not sure what speed I was going. How are they not claiming fault?

5 Lawyer Answers
Kevin E Mitchell
Kevin E Mitchell
Answered
  • Personal Injury Lawyer
  • San Francisco, CA
  • Licensed in California

A: A similar situation happened to me. California is a comparative fault state. They are going to claim that you were speeding and try to apportion some smaller percentage of fault to you to cause you to recover less money.

1 user found this answer helpful

Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Personal Injury Lawyer
  • Mill Valley, CA
  • Licensed in California

A: A left turn is not automatically at fault. If it is reasonably safe to do so, a driver can turn left, and once they do, they have the right of way, even over a car going straight. As mentioned, California is comparative, and your case will come down to who has the best proof. Your insurance company will provide a lawyer to defend you, but you need your own attorney for your damage and personal injuries. Do not discuss the facts of the case with anyone but your attorneys.

1 user found this answer helpful

William John Light
William John Light
Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: People can claim anything. Whether they can prove it is another thing. You may have a claim against the other party for property damage and personal injury. Don't talk to the other party or their insurer. Make an appointment with a PI attorney and a doctor.

1 user found this answer helpful

Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: You need to hire a lawyer to sort it out or tender to your insurance company. Best of luck

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: They are claiming fault because they want to--it's like a playground "you did it ..." "no you did it."

You need to get with your insurance. But before you give any statements call a member of CAOC in the county where the wreck happened --they give free consults.

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