How can I win a lawsuit filed against me by the person found to be at fault for the accident but using failure to yield defense?

Asked about 2 years ago - Sacramento, CA

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The accident actually occurred nearly two years ago. The other driver turned left when my vehicle was in the middle of the intersection. The front of her vehicle struck the left side of my vehicle at the front wheel causing damage to my fender. The police report found her to be at fault and her insurance company apparently agreed, because they sent me a check for the settlement within a few months. I was even summonsed as a witness against her when she went to court to fight her citation (V.C. 21801a). After all this time, she has filed a civil lawsuit against me, claiming I was negligent. If the police report cannot be used in court, how can I defend myself?

Attorney answers (4)

  1. Contributor Level 19
    Best Answer
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    Answered May 10, 2011 10:44. Report this to your insurance carrier. They will assign you an attorney to assist you. Don't delay as this could cause the insurance company to deny coverage and/or you to end up with a default judgment entered against you.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  2. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered May 09, 2011 22:47. Turn all papers over to your insurance company who will defend.

    Click on the name or picture of the lawyer answering your question to see their profile, and then you can click... more
  3. Contributor Level 20

    Answered May 10, 2011 05:34. As Attorney Lassen correctly stated, forward everything to your insurance company without delay - as you just learned of this lawsuit.

  4. Contributor Level 19

    Answered May 10, 2011 08:51. Your insurance company will provide an attorney to defend you.

    [In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does... more

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