Both my and his insurance companies are saying it is 50/50 because I was in the intersection on a red. I had eased into the intersection when the light was green and when the light turned yellow I saw a car in one of the oncoming lanes come to a stop. I completed my turn and the man's car smashed into mine.
I have expenses from my rental car, deductible, emergency room, ambulance, 4 days of missed work, doctor visits, physical therapy, prescriptions, etc.
The accident was 5 weeks ago and I am still experiencing a lot of neck pain. My birthday was a week after the accident and I wasn't really able to enjoy it as even holding my head up for a while was painful and exhausting.
At this point should I write up a demand letter and see if his insurance will settle? If so for how much
The problem is that my adjuster is stating that I violated California vehicle code 22526 (b) a driver of a vehicle which is making a turn at an intersection who is facing a steady circular yellow or yellow arrow signal shall not enter the intersection or marked crosswalk "unless there is sufficient space on the other side of the intersection or marked crosswalk to accommodate the vehicle driven without obstructing the through passage of vehicles from either side. I didn't enter the intersection on a yellow I did so on a green, then waited for oncoming traffic to clear before turning.
It sounds like you may really want to retain an attorney on this case before you do anything else! As normally a red light turn makes YOU most at fault, but if 50/50 liabilty has already been assessed, then there may be OTHER issues in your favor as well. And, any "damage" award you may get NOW will also be reduced by at least 50% based on the theory that you were 50% at fault. Not to mention that since you are still injured, it may also be too soon to settle the case as the full extent of your medical injuries are still "unknown". Please call me if you like for a free consultation! I can be reached at (800) 200-4384. Either way, and as an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question? I truly wish you the best of luck, and plese do NOT hesitate to contact me on this case!
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Personal Injury Lawyer
Insurance company claims adjusters complete fault evaluations every day of the week. So, to go into the system for the first time you are throwing yourself to the wolves. While I understand what you are saying, the words you are using in the description are not helping you make the point. You've come here for another view, here's mine: [See blue link below]
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
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Medical Malpractice Attorney
One of the reasons victims of a motor vehicle accident have plenty of time to file suit (under the statute of limitations) is that it takes many months for some injuries to manifest that they will heal or not... a fractured (and that means "broken" don't get me started on all the patient's who tell me, "Oh, thank goodness, it's only fractured not broken.") wrist may heal 100% in a few months or it may develop serious arthritic changes leading to chronic pain and disability. The amount of compensation one should receive for each of these two outcomes is, obviously, different.
An experienced personal injury attorney who also understands the injuries and the medical aspect to healing or not, as well as disability, lost wages (past and future), and all other available recovery for damages as well as how to show who is at fault and why is invaluable in a motor vehicle accident that resulted in bodily harm.
Fortunately, many of us offer free consultations and take cases on contingency, so there is nothing to fear in calling us!
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
3 lawyers agree
Personal Injury Lawyer
I agree with my colleagues that you should strongly consider retaining an expeienced lawyer here in the LA area. As do many of the others, I offer a free consultation. You are dealing with insurance companies and adjusters who are highly trained to give you the least amount possible to settle. Choose a very experienced attorney who cares about his clients and you will not go wrong.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
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