A: Donald's answer: I am licensed in Nevada, but this answer should apply in New York as well. There are some facts missing in your question that are necessary for a full and complete answer to this question. From what you are saying, it does not appear that the intersections is controlled by a left turn signal or that, when you made the turn, you did so on a permissive green rather than a green arrow. As you know, if you had a green arrow, the oncoming car would/should have had a red light and would be responsible for running the red light - but, this does not fit your fact pattern. So...I am answering based on you having a green or yellow ball at the time of the turn and the approaching car also having a green or yellow ball. New York City Traffic Rules and Regulations (which can be found at http://www.nyc.gov/html/dot/downloads/pdf/trafrule.pdf and is probably similar to the rules for the rest of the State) Rule 4-03(a)(1)(i) discusses the right of way in cases where a driver approaches a green light and says: Vehicular traffic facing such signals may proceed straight through or turn right or left unless a sign at such place prohibits any such movement. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. If this is the case, then it comes down to whether or not you had control of the intersection at the time the other driver entered the it. From the fact that you were hit at the rear of your car it appears that you had control when you started the turn and retained control. This being the case (unless there are other issues such as whether or not you made a quick turn or failed to see the other car approaching), the other driver would be at fault. If you entered the intersection on a green and waited for it to clear and then began your turn on a yellow before the other driver "tired to make the light" (which I assume means sped up to make it) the other driver would be more likely to be at fault. Hope this helps. /s Donald Kudler http://www.capandkudler.com

A: Donald's answer: I am licensed in Nevada, but this answer should apply in Texas as well. It sounds like you need to seek the help of an experienced personal injury lawyer who is not afraid to take on difficult cases since the other driver and his insurer are contesting liability and will likely contest your damages. This goes to the personal injury damages as well as the damage to your car. The case will come down to a matter of proof as to how the accident occurred. I would demand that the other driver retain the car in an un-repaired condition so that you, your attorney or an expert can take pictures of the car to help determine how the accident happened. Some questions that would be helpful in determining how the accident happened include: "How many impacts did you feel?" "Did you hear an impact before feeling an impact?" "Did you see a damaged (or undamaged) car leave pull around the other car and drive away? And, if so, what damage did you see?" These facts will be useful in an attorney's evaluation of the case. These will also help the finder of fact (an insurance company, Judge or Jury) determine liability in the case. If you have full coverage (including comprehensive and collision coverage) your insurer may help you seek compensation from the other driver should they be required to pay for your damages. Hope this helps. /s Donald Kudler http://www.capandkudler.com

A: Donald's answer: Mr. Adams did his research and is correct. The Statute of Limitations for property damage is found in NRS 11.190(3)(c) NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows: . . . 3. Within 3 years: (c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant. I'd like to ad that there is no reason to wait. You should proceed as soon as possible to collect for the damages caused by the other driver for a multitude of reasons. You should attempt to settle the case for the damages caused by the other driver with his/her insurer before resorting to Court. Your case will end up in one of three courts in Las Vegas depending on the amount of damages. Small Claims Court has a limit of $7,500.00; Justice Court has a $10,000.00 limit; and District Court handles all cases with values in excess of $10,000.00. Hope this helps. /s Donald Kudler http://www.NevadaLawOnline.com