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Trying to prepare for small claims, car accident

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MSEPULVEDA

Junior Member
I was in a car accident in which unfortunatley i had no insurance. However, i had this gut feeling that the accident wasn't so much my fault. The other driver verbally informed me that she had insurance. Yet, she never as of this date produced proof of insurance nor DL.... Being as shaken as i was due to sudden impact. I completely overlooked to even look at damages made to both car. She has hold be liable for damages, but i think it's only due to the simple fact of insurance status. I think she completely overlooked the factor as to who had the right of way. She was driving south bound and turned into middle intersection to turn left/east bound. Traffic was backed off therefore intersection in which she was turning into had cleared intersection. I was driving on a 2 lane heading Northbound, considering traffic was backed up and i had room to the right, i carlefully turned into unmarked lane atleast more than 10 feet prior to intering intersection. In order to drive into a 3 lane in whcih imeediatley started once crossing the intersection. When all of a sudden i colided with the other vehicle. Street in which the other vehicle was driving into was a 2 way street, heading East/West. After collision, i landed within the intersection. I didn't strike any car, i was dragged more towards the left, less than 5 feet away from traffic heading Westbound. Considering i didn't hit anyone and the area in which i landed on was more toward the right heading northbound. Do you think i was going at a high speed? Our vehicles sustained aprox the same amount of damages. How could i prove based on the impact who hit who. i have pictures in which. It appears that the tip of her right fender has damage. Yet, my whole front and left fender was damaged. If i struck her wouldn't i have landed away, more heading Northbound instead of Northeast? Would it be safe to say that i was strucked being that i was dragged towards Northeast of lane in which i was driving into. Reason for which i was driving into 3rd lane was that 3rd lane could only turn right. However, such lane was immediately after crossing intersection where i was strucked...I informed her of my perspective as to possibly being 50/50 fault and well she was dissappointed alright. So she has filled a small claims law suit, in which led me to beleive that she in fact had no insurance as well. I now have to prepare a defense, yet i don't know where or how to start or if the questions i have in mind are relevant to said case. I agreed to be held liable for the non insurane issue however, she requested that we keep it away from her so-called insurance so that her premium would go up. I agree to be helf liable for driving non-insured. Yet, i don't think it's fair that i should have to pay her for damages, if there is the slightest chance that i wasn't at fault....please advise
 


seniorjudge

Senior Member
MSEPULVEDA said:
I was in a car accident in which unfortunatley i had no insurance. However, i had this gut feeling that the accident wasn't so much my fault. The other driver verbally informed me that she had insurance. Yet, she never as of this date produced proof of insurance nor DL.... Being as shaken as i was due to sudden impact. I completely overlooked to even look at damages made to both car. She has hold be liable for damages, but i think it's only due to the simple fact of insurance status. I think she completely overlooked the factor as to who had the right of way. She was driving south bound and turned into middle intersection to turn left/east bound. Traffic was backed off therefore intersection in which she was turning into had cleared intersection. I was driving on a 2 lane heading Northbound, considering traffic was backed up and i had room to the right, i carlefully turned into unmarked lane atleast more than 10 feet prior to intering intersection. In order to drive into a 3 lane in whcih imeediatley started once crossing the intersection. When all of a sudden i colided with the other vehicle. Street in which the other vehicle was driving into was a 2 way street, heading East/West. After collision, i landed within the intersection. I didn't strike any car, i was dragged more towards the left, less than 5 feet away from traffic heading Westbound. Considering i didn't hit anyone and the area in which i landed on was more toward the right heading northbound. Do you think i was going at a high speed? Our vehicles sustained aprox the same amount of damages. How could i prove based on the impact who hit who. i have pictures in which. It appears that the tip of her right fender has damage. Yet, my whole front and left fender was damaged. If i struck her wouldn't i have landed away, more heading Northbound instead of Northeast? Would it be safe to say that i was strucked being that i was dragged towards Northeast of lane in which i was driving into. Reason for which i was driving into 3rd lane was that 3rd lane could only turn right. However, such lane was immediately after crossing intersection where i was strucked...I informed her of my perspective as to possibly being 50/50 fault and well she was dissappointed alright. So she has filled a small claims law suit, in which led me to beleive that she in fact had no insurance as well. I now have to prepare a defense, yet i don't know where or how to start or if the questions i have in mind are relevant to said case. I agreed to be held liable for the non insurane issue however, she requested that we keep it away from her so-called insurance so that her premium would go up. I agree to be helf liable for driving non-insured. Yet, i don't think it's fair that i should have to pay her for damages, if there is the slightest chance that i wasn't at fault....please advise

Sounds (to me) like both of y'all share the blame; so go to court and tell your story and hope for the best.
 

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