accident making left at intersection

[rattmanndoo]

What is the name of your state? California

A while ago I was making a left turn at a signaled intersection, with no left turn signal, it was 4 lanes my way and 2 lanes approching me(single lane hwy). The light turned yellow and the car approching me stopped so I proceeded to make my left turn. But the car behind that car passed him on the right and hit my passanger side. The other insurance company said it is my fault. So who's fault is it?

Dave

 

[racer72]

I agree with the insurance company. My question to you, where is the proper place to wait when making a left turn at an intersection? The correct answer is at the vehicle stop line or before the crosswalk, if installed. And then you make your left turn when you can completly clear the intersection without interfering with any other traffic. And those making a left turn always yield to oncoming traffic.

 

[CdwJava]

Under CA law you were obligated to yield to oncoming traffic on a left turn under the circumstances you describe. Unless the other direction had a red light, you were expected to yield. In fact, you were expected not to enter the intersection until it was clear to complete the turn.

However, insurance companies rarely concern themselves with the criminal legality of the situation as they seem to use a formula of their own to assign blame. But, I suspect that you would still be at fault - or only slight less than normal if your vision of the oncoming vehicle was obscured by the first car that came to a stop.

- Carl