Wrongfully accused

[River2Rose]

What is the name of your state? California

Hi, I was wondering if someone could answer me a question about having the "right of way." I was involved in a car accident about a month ago, and I barely received a check to fix my car. The problem is that I am being blamed for 10% for the accident, and am only getting covered 90% from the other insurance when I think that I don't have any fault.

To describe the accident in short, it happened in an uncontrolled intersection. The guy was making a left turn, coming from the opposite direction from me, and I was going straight. Tell me this, isn't it his fault that I hit him, since he just made the turn without checking to see if any other cars were passing. Now, what his insurance is saying is that I have 10% at fault because he almost cleared his left turn. I hit him in one of his back wheels. His insurance claims that I wasn't paying attention. Someone told me that I had the "right of way," and that it didn't matter on what part of his car I hit. He just took me by surprise when he made the turn because he was suddenly in front of me and I couldn't stop on time.

I would love some legal advise from this because I'm so emotionally distressed already that I'm beginning to fall under a great depression. Another thing that I forgot to mention is that his insurance only wants to cover for parts from Taiwan, which are not original. I also want them to cover 100% for a rental car, meanwhile I get my car fixed.

Thank you.

 

[a1cr.a.w2002]

wrongfully accused

that is right you have the right of wayif hes making a LEFT turn and you and any other cars are close enuf that he dosent have ample time to get up to speed he was not paying atention or has very poor depth perception we had 3 accidents exacly like that at are base cars making left turns and getting hit all three that turned in front of the oncoming cars got the blame the ones that hit them got off free of charge i hope this info helps.

 

[River2Rose]

thanks

Thanks for that response. I just received a call from some legal advise person that I found in a website. He said that I should go to a small claims court and file a lawsuit against the other guy's insurance. The problem is that I'm in such a nervous wreck right now that I want someone else to do it for me, like a lawyer or something.

 

[a1cr.a.w2002]

id be glad to help you but im not a lawyer there are a bunch of good ones on this board though just try to talk to one of them. Sorry i couldnt help more but just so you know you are NOT at fault.

 

[tammy8]

I have a feeling that the 10% the other company is referring to is the fact that since you only hit the back of the car, if you had trully had control of your vehicle, you would have been able to brake and stop from hitting the other car all together. Maybe if you had been traveling 5 mph slower you could have avoided this all together.

I think you need to feel lucky that the other company did not deny the claim at all. Sorry but the way the insurance laws are written.

Remember to vote next time and get the elected insurance commisioner that is not only on the side of the insurance company (therefore keeping YOUR and everyone else's rates affordable) but also on the side of the comsumer (all of us blood sucking insurance agents and attorneys and cops are included in the comsumer side also!

Good luck to you!

 

[lwpat]

Where is your insurance company in all of this? You need to file a claim with them and let them deal with the other insurance company. Your insurance agent should be able to help you.