Oxnard, CA asked in Traffic Tickets, Car Accidents and Insurance Defense for California

Q: Insurance denied the claim based on the pictures they have from the police.My witness contradicts it.Do I have a case

My truck was sideswipe by another truck. No damage on his. No injury. IT was a 3 lane traffic I was on a left lane only traffic, he was on the middle lane. I was moving towards the intersection to make a left turn and did not see the truck to my right also was making a left turn until I was hit in the intersection. The truck moved in into my lane too close to turn and hit the right side fender and busted the light. My witness saw the truck did not make a wide turn to make a left turn. According to her he changed lane and moved into my lane and hit me. So, how credible is a witness versus the pictures?

1 Lawyer Answer

William John Light

Answered
  • Personal Injury Lawyer
  • Riverside, CA
  • Licensed in California

A: It depends on the witness and all of the facts. The insurer should talk to the witness if it hasn't already and make a determination. If the insurer's denial is final, you can sue the other driver in Small Claims court. Bring the photos, police report, estimate for repair of the damages, and bring the witness or bring a written statement from the witness, signed under penalty of perjury.

http://www.dca.ca.gov/publications/small_claims/court.shtml

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