How is it my fault?

[nickbn]

What is the name of your state? California


To make a long story short, I came home one night and stopped in front of a stop sign. Let me emphasize that - I stopped. On my right side, an SUV approached and made a left turn (from their view) into the passenger headlight/front of my car (it's a two way stop sign, with no stop sign for the SUV). Obviously the turn was too early and the SUV managed to clip the passenger corner of my car. I saw this car coming about 5 seconds after i had stopped so there was no way i would have moved my car knowing that she had the right of way. After filing insurance claims and getting my car repaired, the other party's insurance claims that I am 100% at fault based on:

CVC code 21802 (a) the driver of any vehicle approaching a stop sign shall stop and shall continue to stop until he or she can proceed with reasonable safety.

LOL I had stopped and waited for her car to go around me. There was no way i could have moved forward. I was basically sitting there like a deer in headlights.


I took multiple pictures of the incident and you can clearly see that half of the SUV is in my lane. I even sent them these pictures. I am now in the process of filing for small claims court. I have the name of the person, but who do I sue? The driver or the person named on the insurance policy (i assume they are husband/wife and he is the owner).


1) Do I have a case?
2) If the judge favors me and I win, will the party's insurance reverse their claim (so that they are 100% fault)
3) Who do i sue
4) What's wrong with my insurance company, i thought they were supposed to handle everything for me..


I've kept all receipts, documentation, so i feel as though I'm very prepared. Let me know if you need further details on anything. Thank you everyone for your time.What is the name of your state?

[acmb05]

Originally Posted by nickbn

What is the name of your state? California


To make a long story short, I came home one night and stopped in front of a stop sign. Let me emphasize that - I stopped. On my right side, an SUV approached and made a turn right into the front of my car (it's a two way stop sign, with no stop sign for the SUV). Obviously the turn was too early and the SUV managed to clip the passenger corner of my car. I saw this car coming about 5 seconds after i had stopped so there was no way i would have moved my car knowing that she had the right of way. After filing insurance claims and getting my car repaired, the other party's insurance claims that I am 100% at fault based on:

CVC code 21802 (a) the driver of any vehicle approaching a stop sign shall stop and shall continue to stop until he or she can proceed with reasonable safety.

LOL I had stopped and waited for her car to go around me. There was no way i could have moved forward. I was basically sitting there like a deer in headlights.


I took multiple pictures of the incident and you can clearly see that half of the SUV is in my lane. I even sent them these pictures. I am now in the process of filing for small claims court. I have the name of the person, but who do I sue? The driver or the person named on the insurance policy (i assume they are husband/wife and he is the owner).


1) Do I have a case?
2) If the judge favors me and I win, will the party's insurance reverse their claim (so that they are 100% fault)
3) Who do i sue
4) What's wrong with my insurance company, i thought they were supposed to handle everything for me..


I've kept all receipts, documentation, so i feel as though I'm very prepared. Let me know if you need further details on anything. Thank you everyone for your time.What is the name of your state?

What did the police report say aas far as who was at fault?

[MandyD]

I'm trying to picture this accident. If I have it pictured wrong, make any corrections needed.

You're at a two-way stop, stopped beyond the stop sign. The SUV approaches from your right and I'm assuming is making a left turn. If that's the case, and the driver of the SUV cut the corner too short, I'd think he would have hit the driver's side, not the passenger's side.

[Ozark_Sophist]

Your insurance company should handle this - get after them.

I agree with Mandy. Your descripition of the accident is confusing, and I don't understand how a vehicle turning right hits the right side of your car.

[ecmst12]

Was your car protruding past the corner at all?

[kinginc]

When he said that he went "right into" him, he means that the other car made a turn straight into his direction. By passenger side, I believe he meant the passenger seat behind the driver's seat. The other driver made a left turn, & scraped the side of his car. By "in front" of the stop sign, I don't know whether he means past the limit line, or before the stop sign.

[Betty]

OP - your description of the accident, as you can see, is somewhat confusing to us. Could you let us know/verify:
1) Did the driver make a right or left turn?
2) Where on the passenger side were you hit - passenger side behind you (driver) or passenger side next to you (other side of you)?
3) Were you stopped past the stop sign? - past the corner?
Thanks.

[nickbn]

Originally Posted by Betty

OP - your description of the accident, as you can see, is somewhat confusing to us. Could you let us know/verify:
1) Did the driver make a right or left turn?
2) Where on the passenger side were you hit - passenger side behind you (driver) or passenger side next to you (other side of you)?
3) Were you stopped past the stop sign? - past the corner?
Thanks.

From the driver's point of view, they made a left turn

I stopped before the limit line (my front bumper is on the line). My front tire is before the line.

I was hit on passenger headlight area.

[nickbn]

Originally Posted by acmb05

What did the police report say aas far as who was at fault?

Sorry, i didnt get a police report next time i'll be much smarter and get one. From hearing other people's experience, they never come if you call them and no one's hurt.

[alnorth]

Do you have full coverage? If so, perhaps you could submit a collision claim on your own policy, give them all the proof that it was the other driver's fault, then after your insurance pays you off, you can sit back while your insurance company subrogates against the other driver and argues with the other insurance company to get their money back.

If you only had liability, then you've got a lawsuit against the other driver.

[nickbn]

Originally Posted by alnorth

Do you have full coverage? If so, perhaps you could submit a collision claim on your own policy, give them all the proof that it was the other driver's fault, then after your insurance pays you off, you can sit back while your insurance company subrogates against the other driver and argues with the other insurance company to get their money back.

If you only had liability, then you've got a lawsuit against the other driver.

I have full coverage. I submited the claim on my own policy and sent proof of pictures to them to show that it was the other driver's fault. The damage has been paid off, I'm just out of pocket for the $500 deductable and the $200 in car rental fees.

My insurance is currently subrogating with the other company as we speak. I just don't want this to turn sour and for me to have to go to court to settle this.

[alnorth]

Originally Posted by nickbn

I have full coverage. I submited the claim on my own policy and sent proof of pictures to them to show that it was the other driver's fault. The damage has been paid off, I'm just out of pocket for the $500 deductable and the $200 in car rental fees.

My insurance is currently subrogating with the other company as we speak. I just don't want this to turn sour and for me to have to go to court to settle this.

Oh good, well then your insurance company is doing the hard work for you. If their attempts at subrogation are successful, they will give you your deductible back.