If you did not have insurance, you cannot collect for pain and suffering, only your medical expenses. That is the law in California. The insurance company is exploiting your position to keep their costs down.
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They are playing games. Hire a lawyer and it will change.
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Good question. It is a common belief that a police report is needed to prove who is a fault. However, that is not true. The police rarely actually see a collision. The conclusions in a police report are usually considered hearsay and are not admissible in court. However, the statements of the people involved in the accident may be admissible into court.
If a car is making a turn at an intersection, there is a duty on the driver to yield to oncoming traffic (see CA Veh. Code Section 21801). Fault will depend on the facts of each case.
Insurance companies aren't the richest companies in America because they like to pay out money. Retain a local lawyer so you can get your car repaired, or take driver to small claims court.
The car turning left has the duty to yield to the traffic coming straight from the other direction, so the presumption is going to be that the accident was your fault. Your argument is a common one and it may be true, but without unbiased witnesses, it is going to be your word against the other driver's word, unless you get experts involved in doing a complicated and expensive accident reconstruction based on the damage to the cars, and you probably cannot afford that. I think you are going to need to find yourself a lawyer to help you out of the situation you have put yourself in by driving without insurance. If you don't deal with this you could find yourself with a serious debt and possible bankruptcy.
The other person’s car insurance is contacting you or communicating with you because they are getting you to commit to facts so they can a little later assist them to prove up that, in fact, you are responsible to pay for the damages to their client’s vehicle.
John N. Kitta
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As for determining who is at fault, determining who is at fault or partially at fault in a motor vehicle accident can be easy (as in the rear-ender) or more commonly not so easy as it requires witness interviews, drivers' statements, accident scene photos and reports, police reports, etc. If a determination is made that a drive is not at fault, then there is no legal liability. In the case of disputes over how to interpret all of the evidence, a court will determine fault.
When someone is injured in a motor vehicle accident (especially a "rear ender" which means liability is pretty much a given... And it is not the one who gets rear ended), he or she should get immediate medical attention. Then, hire a personal injury attorney. If the accident was not a rear ender, the attorney will advise on fault and liability.
When someone is injured, he or she should only be concerned with getting better, attending doctor visits, attending physical therapy, etc. The lawyer will handle the rest... Figuring out who to sue, whether insurance covers the accident, whose insurance should cover, etc.
Fortunately, most of us personal injury types offer free consultations and take such 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.
Police reports are evidence, but not the end all, be all. Get a lawyer ASAP to protect your rights. Best of luck .
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