Had an auto accident need help

[Ana Castellon]

i live in California, i had an accident in which i was traveling straight and had the right of way, another diver which was on a street to the right of me was going to make a left turn and did so right in front of me at that time i hit the breaks but could not stop in time to avoid the accident. he did not have insurance and now he claims the accident was my fault im not looking for any trouble i just want my car to be fixed what should i do so that i can get my car fixed quickly and not have to pay the damages on his car. iwas going 35-40miles per hour what can i do?

[Edited by Ana Castellon on 05-26-2001 at 11:58 PM]

 

[I AM ALWAYS LIABLE]

My response:

Well, you left out certain, necessary, information. So, all I can suggest to you is to turn this matter over to your own insurance company so you can get your car repaired and to investigate all aspects of the accident.

You will undoubtedly be required to give an oral, recorded, telephone statement to your insurance company. The adjuster will ask you all of the pertinent and necessary questions, and you will answer those questions.

IAAL

 

[Ana Castellon]

I just wanted to know what i left out that might be helpful so i could get this done quickly?

 

[I AM ALWAYS LIABLE]

My response:

Well, for example, you didn't tell us:

1. Was the intersection "controlled" - e.g., traffic signals or stop signs ?

2. Was there a Traffic Collision Report written by the police? If so, have you requested a copy of that report ?

3. Were there any independent witnesses ?

4. Do you have Uninsured Motorist coverage on your policy ?

5. Why does the other driver contend you were at fault ?

6. Were you injured ?

7. What was the Posted Speed Limit of the street you were on ?

8. Was this daytime or nighttime ?

9. Was the street surface wet or dry ?

10. Are you familiar with this intersection - I.e., is this a commonly traveled roadway by you ?


These are but some of the crucial questions you may be asked by your own insurance company. Regardless of your answers to these questions, make sure you turn this matter over to your own insurance company, and get the ball rolling. Do not delay.

IAAL

 

[Ana Castellon]

There was a stop sign on his street but not mine, it was in the day, no police report was made the police did not arrive on scene, no one was hurt, the road was dry, i know this street very well and have never had a problem before, the insurance and the car are both in my boyfriends name so i dont know the details, the other diver claims its my fault because he says i saw him coming. There were witnesses and ihave their information. there were posted speed limits.

From this do you think its my fault and if it is can i still get the money to fix my car at least in part?