QuestionA traffic accident in the state of California:
As i was turning right from a stop sign onto a street my right passenger side collided with another vehicles drivers side doors. the driver refused to give his license during the exchange of information and presented from what looked to be a long expired insurance. So when a police car stopped to ask what was going on i decided to make a police report. At the time i wasn't sure exactly how the collision took place since i was at the very front of the 1 way stop sign making the turn while looking out for oncoming traffic from the left. while the other driver claimed i was behind him and got inpatient and decided to go around him and cut him off to make the turn. and i told the officer they may have been parked on the curb and tried to merge into the lane as i made the turn but he said " by the laws of physics your story makes no sense since the mirror glass is alot more towards the lane then curb " but most likley what happened was he thought i was making a left and tried to make a right through the gap and so we collided turning. there was also a witness but he only talked to the cops and not sure what he said. the other officer told me the driver has no license and not allowed to be driving so they towed his car but told me he cant confirm if the insurance is valid or not. Any suggestions and thoughts on what my options are would be appreciated. also if i should get an attorney or not.
Answer Hello Ryan,
There are some details missing that would be effect any insurance settlement.
First, how many lanes were there at your point in the intersection? If there was more than one, were you in the right lane? Did the other driver drive off the road to pass you on the right?
Were you legally able to make a right turn from the lane you were in?
To keep it simple, if you were on a street with one lane and you were attempting to turn right from that lane, the other driver would be at fault. If you were turning right from a left lane, you would be at fault. I'm not sure I understand why he thought you were turning left?
What is critical here is the witness. Forget the officer. He was not a witness, and he's presenting himself as a physics expert - which I doubt he is. The problem here is if the witness provides information to that officer which leads him to believe that you are at fault, he will indicate that on the police report, even if you were not issued a citation.
Here's what you need to do.
First, get a copy of the police report so you are aware of all the details which might work against you. You cannot even entertain filing against the other insurance company if you are at fault. Who decides fault? The insurance company.
Second - and if the police did not find you responsible for the accident - the police report should name the other insurance company. It shouldn't matter if the driver was licensed, the owner would still need insurance coverage. A problem could arise, however, if allowing that driver to drive was a violation of the insurance contract. Then the claim could be denied.
Your last effort would be to file under your own collision coverage. If the police report and your statement deem that you are not responsible for the accident, your claim should not raise your rates. You would need to do this if you cannot identify the other insurance company, or if you are determined to be at fault.
If you do not have collision insurance, and if you are able to establish that you were not at fault for the accident, and if you can identify the driver and the owner of the other car, you could consider small claims court for your damages. I'm not an attorney, but to answer your question, I doubt an attorney will represent you on a collision claim.
Hopes this helps. Good luck.
Jane Pytel
http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com
