Ins. Co. finds me at fault for illegal lane change when I was driving straight! Other driver lied, can I fight this?

Asked over 1 year ago - Sunnyvale, CA

I made a slow turn from a shop onto the end of a narrow 400 ft long Court. Other driver followed closely. I was slow to accelerate, but still moving forward @ 15 mph. I never braked, signaled, or made any attempts to slow down. Parked cars were on both sides of the road, so it was completely unsafe to pass me on the right. When we cleared 2 parked cars, to our right, she turned into the lane occupied by the parked cars and attempted to accelerate past me and cut back into my lane before she hit the parked cars in front of her. She turned too early causing my front right bumper to side swipe her car's left side. No injury, police not involved. Sole witness is my friend. Same Ins Co. She says I turned into her. Ins co says its my fault based on photos alone. Adj.says I will lose in court.

Attorney answers (6)

  1. Robert Max Klein

    Pro

    Contributor Level 15

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    Answered . So what do you have to lose if you go to court? Since the adjuster says you will lose, if you win, you are ahead of the game. I say go to small claims court and give it your best shot. And if you do lose, that is what is expects. When you go to court, make sure to bring photos of the street, photos of your car, the paperwork showing the cost to repair and your witness.

  2. Robert Bruce Kopelson

    Contributor Level 20

    7

    Lawyers agree

    Answered . No injury? Property damage only? You both have same ins co? So is ins co paying to fix both cars? You can go to small claims court for your damage. Have your witness present to verify what you say happened. Did you take photos at the scene showing location of cars at impact and the parked cars ahead of her?

  3. Steven Mark Sweat

    Contributor Level 19

    7

    Lawyers agree

    Answered . If there were no injuries, you should report the claim to your insurance and open a claim with hers either directly or through your insurance carrier.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  4. Daniel Nelson Deasy

    Contributor Level 20

    8

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    Answered . The adjuster's opinion means nothing in a court of law. You can fight this but you will need help from an attorney to present your case to a judge.

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . Simply report it to your insurance company to resolve. This is why we all have insurance.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  6. Manuel Alzamora Juarez

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . If you are not hurt, let your insurance company take care of the claim. If your insurance company will not do so, hire an attorney to advice you what to do next. Best of luck.

    This answer is provided by Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492.... more

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