Driving & Driving Test Tips: accident with uninsured motorist, chev lumina, 2006 ford f450


Question
QUESTION: I was at the stop limit line exiting a parking lot.There is only 1 lane in and 1 lane out. No center lane or right turn lane marked. I was in a 2006 Ford F450 Wrecker ( tow truck), had my right turn signal on, I was turning east and my view to the west was partially obscured by street repair vehicles. I have dual wheels(8' width) on the back so I cannot get close to a curb during a turn or I run over the sidewalk.I wait for traffic to clear and start my turn and I run into this guy in a 95 Chev. Lumina.He decided to get between me and the curb.I never saw him. I was at the intersection first. I have insurance . He gave me false info for his insurance he does not have any. The hub cap on my pass. side was damaged and the pass. running board was torn off. His car had a smashed front fender and cracked front bumper  right under the headlight and damage to his driver door from the running board of my truck. Who is at fault here. Me or him? I was there first, had my turn signal on, there are no marked turn lanes.He is suing me for $5,000. now because my ins. co. determined it wasn't my fault. The blue book on his car is $949.00 fair cond. which is the condition of his car before the accident. I already put my running board back on and pounded my hub cap out. I reported to Calif. dmv on time and my insur. co.
ANSWER: you have to make this clearer. You said that you made your turn and then ran into the other car.  Where were you and the other car when there was contact. I don't need any of the superferlous stuff about your dually wheels etc., just the facts as to your driving and turning movement and the location of the other car as it appraoched the point of impact and where you both were when there was contact.

---------- FOLLOW-UP ----------

QUESTION: I was at the stop line, exiting a parking lot, getting ready to make a right (east) turn. I never saw the other car,  he had to have been behind me as I was the first one at the intersection. We impacted as soon as I started my right turn. At that time he was on the right of me just behind my front right tire. I never saw him. He was in my blind spot. There is only one lane exiting the parking lot.He drove up on the right side of my truck between me and the curb. Impact was maybe 1 foot north and east of the the stop line

Answer
at an intersection, a car can pull up along the curb to make a right turn when there is traffic stopped in the thru lane, as long as there is clearance to do so.

therefore if you wanted to make a right turn, you are obligated to make sure there is no hazard in the area that you are going to turn into.

based upon what you sent me i would say that you would be found somewhat at fault in this collision, but the other driver was also at fault if you had your turn signal on.  now it becomes an issue of how much and i would say that the other driver was more at fault if you had your turn signal on.

if you have comprehensive insurance, just let your insurance copany handle the law suit, that is waht you pay them for.