On my way home, (residential area), there is a turn/curb to go on to a 2 way street. you have to drive really slow because cars don’t respect the fact that you shouldn’t park on a curb as it can cause accidents. Passing the curb, going about 20 mph, I saw a car infront of me pull over to the right side as if she was going to park so I continued driving now about 25-27 mph. Just as I was going to pass her, she hits a turn OUT OF NOWHERE and in order to try to avoid her hitting me, I am forced to move onto the other lane. She keeps going and hits my back passenger side tire and takes my whole bumper off. She claimed she didn’t see me but then stated I was speeding so it doesn’t add up. She has a witness who was behind me PRIOR to that in a NONRESIDENTIAL area saying I was (speeding) but a witness of the accident says I wasn’t. She hit me but she’s stating I was speeding which she only has a witness (which she knows) to prove. Who’s more at fault?
Under YOUR facts, she is at fault for making an unsafe turn. Under HER facts, she is likely still at fault, because she still made an unsafe turn. You should report it to your insurance and let your insurance take care of it. (It sounds like there is only property damage, not personal injuries, so realistically no attorney will spend any time with it.) Depending on the insurance company, your insurance should also recover your deductible for you. Otherwise, you can take her to small claims court.
I agree with my colleague's answer above on fault. I also agree that if there is only property damage and no bodily injuries from the crash no attorney will handle it on a contingency basis. Most consumers cannot afford the fees for an attorney to handle this on an hourly basis.
If anything comes of it, turn it over to your insurance. If you want your car fixed and you have full coverage, then turn it over to your insurance. Your insurance company should pursue the deductible from the other driver's insurance company.
If you are a potential client, the information you disclose to us by email will be kept in strict confidence and will be protected to the full extent of the law. Please be advised, however, that the Law Offices of Frank M. Nunes, Inc. and its lawyers do not represent you until you have signed a retainer agreement with the firm. Until that time, you are responsible for any statutes of limitations or other deadlines for your case or potential case.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline