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broadsided in parking lot while driving

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hjma29

Guest
On 10/16/2000 11:00am PST, I was heading eastbound while the other party was heading northbound. Right after entering the middle of intersection, I noticed that there was one car heading to me from my passenger side then broadsided my car.

There was speed bump right before the intersection on his driving direction. There was no any traffic sign for this intersection. The same road width for both directions The company security people took severel photos. No witness and no police was called because it's happened in the private parking lot and no people injured.

From the picture taken, there was the skid mark for my car and no any skid mark for his car. He claimed that he was heading 5 miles which I believed that it's totally a lie. My car was totaled and the cost for fix will be around $4,800 and 3 weeks. The damage for my car was major dent(causing main frame dent) and minor scratch mark. My argument is that he was speeding(from the damage he caused) without paying attention to the very front of his driving direction(no skid mark) and he didn't slow down and yield with the speed bump on his side.

The accident location was San Jose, CA. He rented the car and is not local. It's next to my office building and I was just ready to park. I have been driving in that parking lot everyday for 1.5 year without any scratch to my car.

Now the rental company Hertz final judgement was that from the skid mark I was speeding so it's my fault causing the accident. I couldn't accept this sort of judgement and plan to take an attorney.

Any suggestions regarding to

1) From these facts, can I win the case (to get ther Hertz give me the money according to the market value plus some accecceries cost I installed later on the car)?
2) Recommandation for experienced auto accident attorney around San Jose, CA area
3) I understand normally for this kind of auto accident, the "contingency basis" will apply and the lawyer will not charge me if he can't win the case, is that right? Any hidden cost I need to notice? How the lawyer charge the client, depending on working hours or a just a ratio from my recovery and do you know how much ratio is reasonable?

BTW, I have one .ppt for the drawing of the traffic accident but couldn't find a way to attach on this bulletin board.

Many thanks in advance. Merry Christmas!

Homa
 


ALawyer

Senior Member
Lawyers often do NOT like cases in which there is only property damage, as that caps the upside, and eliminates much negotiating ability; if there is a personal injury (beyond the threshold covered by many states' "no fault" statutes) there is pressure on the insurer to settle or risk a potentially major judgment.

Here the facts seem against you and it will be your word vs. the other driver's. Now if the other driver is from out of town, he or she may not want to appear if sued (and even if the driver was from out of state he'd be subject to jurisdiction in California as he was driving in CA) and you may luck out on a default judgment.

This may best be handled in Small Claims Court if you can get service and jurisdiction. Or go to AttorneyPages.com and see if an auto accident attorney in Santa Clara County (where San Jose is) would take it.
 
H

hjma29

Guest
Thanks for the advice.

If I decide to take it to small claim court and if I lose the case, will I pay the travel expense and other court expense for the other party?

 

I AM ALWAYS LIABLE

Senior Member
hjma29 said:
Thanks for the advice.

If I decide to take it to small claim court and if I lose the case, will I pay the travel expense and other court expense for the other party?

My response:

No.

However, be prepared for a cross-complaint against you from Defendant's defense counsel. Also, because of that cross-complaint, be prepared to have your case transferred to the Superior Court. Then, you'll need an attorney. Since this is the likely outcome, I would, if I were you, file your case from the "get-go" in the Superior Court - Limited Jurisdiction.

So, see an attorney and get yourself to, at least, a chiropractor for those aches and pains.

IAAL
 

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