Q: Can other driver pursue a case after insurance, court fault decision? Vehicle collision.
My son and I were involved in a vehicle collision where the other driver turned left in front of us on a blinking yellow light. Initially, our insurance placed fault on my son due to a ticket and one witness statement. We fought the ticket in court, and the judge found the witness statement non-credible due to intersection videos and photos, reversing the ticket and placing fault on the other driver. Our insurance changed the fault to the other driver. The other driver has retained an attorney for injuries. Our car was totaled, and there's been no communication since mid-February from their attorney, but we've noticed someone taking pictures of our home recently. Given these circumstances, does the other driver have a case against us despite the insurance and court's decisions upholding the fault on the other driver?
A: It appears that the court's reversal on the issue of legal liability was correctly decided in your favor. California Vehicle Code Section 21801(a) provides that oncoming traffic in a left-turn scenario has the right of way. An exception would be if the vehicle driving straight through the intersection runs a red light, which does not appear to be the case here. Entering the intersection on a yellow light is legal. Having said that, a party may sue, yet that does not necessarily mean the case has merit. It sounds like you were insured at the time of the accident, therefore, you should immediately turn the matter over to them; cooperate fully with them; and provide all the evidence from the traffic court hearing. Even if your position has merit, it will be very expensive to prove that while preserving your legal rights in the case. With insurance, your insurer has a duty to defend you (at their expense), and to indemnify you, should there be a finding against you.
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