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

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.

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Attorney answers 6

Best Answer
Posted

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.

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

Asker

Posted

Thanks for the quick response. The damage is $3k to my Lexus and her 90's Corolla = not worth the fix on 3 body panels, probably totaled. It seems like a small claims case, and without injury, no lawyer I've spoken with is interested. Suggestions?

Daniel Nelson Deasy

Daniel Nelson Deasy

Posted

Hard to get attorneys when real money is not involved. You need to analyze the economic of the situation and proceed accordingly. Good luck!!

Posted

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?

Posted

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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery. Any testimonials or endorsements should not be construed as a guarantee, warranty or prediction of the outcome of your case.

Posted

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

Posted

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. Abogado de Accidentes de Autos provides answers of a general context. These answers are not intended to form an attorney client relationship. Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.

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