Someone crashed into me and does not have insurance.

Asked over 1 year ago - Garden Grove, CA

Hello . I just need some advice . I recently got into an accident on Saturday , 2 - 9 - 13 . I was pulling out of an apartment driveway . There were a line of cars at a stop light , and I was trying to make a left . I was yielding , and one of the drivers in the line saw me waiting and waved at me to go . When I pulled out of the driveway , someone had swerved around the cars that were stopped , in an attempt to cut everyone off . In doing so , she crashed into the driver's side door . She assured me that she had insurance , so I collected her info . When I had given my statement to the adjuster , he had assured me that I was not at fault and called it a " 50 / 50 " . They said that she would be responsible for half of my deductible . Now , they're saying that it's MY fault and that I'm responsible for 1990s .

Additional information

Sorry, there was an error when I had submitted this. I was fine with the 50/50 decision. This meant that I would be responsible for half of the deductible. The issue is, when they found out that her insurance was cancelled, they went back on what they had said and said that I am liable and that, even if I have uninsured driver coverage, I'm 100% responsible for the deductible. In your opinion, is it worth contacting a lawyer? If so, should I go after my insurance or the driver?

I also want to add that I did proceed with caution. When I looked to the left, there was no one except for the drivers that were stopped and cars that were parked. I had already pulled out when she had hit me.

Attorney answers (9)

  1. Manuel Alzamora Juarez

    Contributor Level 20

    26

    Lawyers agree

    Answered . This is a lesson not to talk to the adverse party's adjuster. Do not listen to them. If you were hurt, get treated and follow your doctor's advice. Next, hire a P.I. lawyer and ask him to represent you. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., Abogado de Accidentes de Autos... more
  2. David Lee Fiol

    Contributor Level 17

    24

    Lawyers agree

    Answered . It's not clear what your question is, but if you simply want advice I would suggest you (1) stay in touch with any witnesses - hopefully you got the names and contact information for some neutral third parties that can verify your version of events, and (2) consider taking the woman who hit you to small claims court to recover the cost of repairing your car.

    If you were injured, you might be able to get coverage for your medical care from your own insurance policy's medical payments coverage.

    Best of luck.

  3. Adrienne Patricia Allen

    Contributor Level 15

    24

    Lawyers agree

    Answered . I am afraid you have an uphill battle. Being that you were the one pulling out into traffic from a driveway, you have the duty to proceed only when safe. It sounds like it was safe when you proceeded, and then became unsafe. All the other party needs to say is that she did not see you, etc. 50/50 sounds like the best you will be able to do, unfortunately. Good luck to you.

    I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
  4. Kevin Coluccio

    Contributor Level 20

    25

    Lawyers agree

    Answered . The fact that someone waved you on does not relieve you of the duty to yield the right of way. If the person that hit you acted below the standard of care, you have a good argument that she was at fault. Now, the fact that she does not have insurance is a problem.

  5. Daniel Nelson Deasy

    Contributor Level 20

    22

    Lawyers agree

    Answered . So sorry to hear of this collision.

    When you reported this to to your carrier, they had the right to conduct an independent investigation -- just as with the adverse carrier. You are stuck in a situation where unless you had the right coverage (collision or comprehensive, perhaps), you may be stuck making repairs to your own car due to the fact the other carrier has denied payment to you.

    You can always sue the other driver, but a factfinder (judge or jury) will necessarity make a fault determination and you may come out on the downside.

    Suggestion -- it down with a local car accident attorney to see if you have a claim that is worth pursuing. Unfortunately, the filing of a suit offers no guarantees, but it may be your only potential remedy.

    Good luck.

    Dan

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Steven Mark Sweat

    Pro

    Contributor Level 19

    20

    Lawyers agree

    Answered . If you were injured, you should seek prompt medical treatment and retain an attorney to prepare and present an uninsured motorist claim.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  7. Richard Andrew Harting

    Pro

    Contributor Level 18

    19

    Lawyers agree

    1

    Answered . Yes consult an attorney. There is a vehicle code that states once other traffic has yielded to you, you may commence you turning movement / entry onto the roadway and all other approaching vehicles must now yield to you. off the top of my head try Vehicle Code 21804(b)

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    17

    Lawyers agree

    Answered . I don't know about the law in California, but in Pennsylvania, I've probably recovered from 500 people who waved another on. It's a "wave on" case in which the person who waves you on is liable.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Wayne D. Parsons

    Pro

    Contributor Level 9

    16

    Lawyers agree

    1

    Answered . You should contact a personal injury attorney in your area who is a member on both the Consumer Attorneys of California and the American Association of Justice. Lawyers who don't belong to both organizations are, in my opinion, not serious about their profession. They will talk to you at no charge and answer your questions. I gather that all you want to know about is the deductible.

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