Los Angeles, CA asked in Car Accidents for California

Q: I had a car accident How can I prove or prevent being at fault when I was not ?

at the beginning of the year I had an accident with this old guy he was driving a Tacoma I was at the light waiting to make a left he was coming from the opposite direction to make a right the light turn yellow then I took the turn (and stayed in the left line ) then he took a right and tried to merged to my line and hit me at the moment I didn’t had insurance we talk we agreed on fixing our cars each 4 days later he reported to he’s insurance I hit them I talk to one of the agents he said that I had to fix my car and he was gonna get covered now 2 months later I get a text message stating that they couldn’t find enough evidence proving I was not at fault because at the case neither of the parties can prove who was at fault for the accident . They had to take their insured word so therefore I was place at fault what can I do at this point?

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3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Personal Injury Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

you should try to set up an appointment with a PI lawyer in your area.

as a rule the person turning left is at fault................

if you are in an accident without insurance you can't collect for pain and suffering but could for other damages.

DMV, once notified, will suspend your license for a year.

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

A: You can sue the other driver in Small Claims to recover your property damages and rental car expenses. You can file a separate Small Claims action to recover your bodily injuries, if any.

It's unclear that the other party is at fault. You have an obligation to wait to make a left turn until it is safe to do so. Having a yellow light does not give you the right of way to make a left turn. However, if you made the turn, and the other driver is now attempting to merge into your lane, that might place him at fault. Either way, you need to notify your insurer that a claim is being made against you. Your liability insurer owes you a defense and indemnity against any covered claim.

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

A: I agree with both Mr. Gribow and Mr. Light. If you gave a statement, get a copy. Look at the police report.This long after, any image will not have been kept but you don't know.

Much depends on where the damage was--what part of which vehicle hit where. This shows who "had position" on the other vehicle.

You need to calmly assert why you think you were correct.They may deny it. As Mr. Light says, then you go to small claims but you will have to show why you are right and if the location of the wreck in the intersection and damage areas suggest he in effect ran into you in your turning lane of travel, you may win.

Hopefully you didn't get cited for no insurance. But you need to be prepared to pay his damages, otherwise your license can be suspended.

This means even if you don't like his estimates, unless the small claims court finds him at fault, you are in a very weak position because he --or his insurance--can file their claim and your license can get suspended until you pay.

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