Accident on a scooter

[Eekamouse]

What is the name of your state (only U.S. law)? California
I was in an accident a few weeks ago where I was riding my Vespa and some unobservant man pulled out of an apartment complex driveway right in front of me and I crashed into his front end. I was taken by ambulance to a trauma center from the accident site and was in no shape to think about collecting this guys insurance information. Luckily, the police came and I was able to later get the guy's information from the police report. My injuries from this accident were bruises, a fractured elbow and broken finger, road rash and a wound on my arm by my elbow that went to the bone. Yuck.

When I read the police report, I saw that the other driver claimed that he never heard nor felt my scooter hit his car and he felt that I didn't hit him, that I swerved to avoid him and just fell off my bike in front of his vehicle. He claimed that the minor damage to his front end that was present came from a previous accident that he never reported to his insurance. The police report ended with the officer concluding that the other driver was the cause of this accident.

What the other driver is claiming is not true. My scooter has a tire mark on the front bumper where he hit me and a bolt on my tire has white paint scrapes on it from his car.

I found out that this guy didn't report this accident to his insurance and now that his insurance knows, they said they are having trouble reaching him by phone to talk to him about the accident. I filled out a SR1 and mailed it to the DMV. I doubt he did the same even though it was an accident resulting in injury. I mailed the form past the 10 day mark though. Will I lose my license because of this? I couldn't get the police report for over two weeks from when the accident happened so I didn't have any information on the other driver to put in the SR1 until I got that report. I of course sent a copy of the police report with the completed form to the DMV.

I've heard that insurance companies don't like to admit liability so even though the police said it's his fault for this accident, should I expect his insurer to deny responsibility? This accident was NOT my fault. I was going below the posted speed limit and had the right of way.

I don't know if we have any California based insurance adjusters on this board but if we do, I'd be very grateful for some input from them.

 

[Silverplum]

(*hugs Eek very gently*)

I have nada but the hugs.

 

[HighwayMan]

The police do not determine fault in an accident like this. The police determination of fault here is meaningless.

 

[Eekamouse]

The police do not determine fault in an accident like this. The police determination of fault here is meaningless.

That's what I was afraid of. Well, it says at the end of the report this...
Cause:
It is the belief of this investigator that Name Omitted caused this collision by violation the following vehicle code section
VC 21804 (a).

I guess I'll have to wait and see what happens. Will my license get suspended for me filing that SR1 a few weeks late with the DMV? I hope not.

 

[Zigner]

That's what I was afraid of. Well, it says at the end of the report this...
Cause:
It is the belief of this investigator that Name Omitted caused this collision by violation the following vehicle code section
VC 21804 (a).

I guess I'll have to wait and see what happens. Will my license get suspended for me filing that SR1 a few weeks late with the DMV? I hope not.

No, it will not.

 

[adjusterjack]

That's what I was afraid of. Well, it says at the end of the report this...
Cause:
It is the belief of this investigator that Name Omitted caused this collision by violation the following vehicle code section
VC 21804 (a).

21804. (a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.

I found out that this guy didn't report this accident to his insurance and now that his insurance knows, they said they are having trouble reaching him by phone to talk to him about the accident.

And when they do they will get his story, believe him or not believe him, and make a decision based on that interview.

I've heard that insurance companies don't like to admit liability

I can't do anything about that rampant public misconception but what you have to understand is that his insurance company is not your insurance company and owes you nothing until a court of law says so and says how much.

Until then, his insurance company is going to need some evidence of its insured's negligence before opening up the checkbook.

You'd want your insurance to do the same for you if you were being accused of negligence.

even though the police said it's his fault for this accident, should I expect his insurer to deny responsibility?

"Expect"? No.

Consider it a possibility? Yes.

Whether his insurance pays depends on what YOU can prove. You mentioned a tire mark on his car.

I suggest you go find his car and get a photograph of that mark. It could go a long way toward backing up your statement as to how the accident happened.

At any rate, now that his company is aware of the claim, it will examine his car and your scooter and go from there.

I don't know if we have any California based insurance adjusters on this board but if we do, I'd be very grateful for some input from them.

I am a retired claims adjuster, not California, but the elements of negligence with regard to exiting a driveway are relatively universal and that statute is rather common to traffic laws throughout the country.

I guess I'll have to wait and see what happens.

Yes.

Unless you have collision coverage on your scooter and make the claim on your own policy.

 

[Zigner]

Will my license get suspended for me filing that SR1 a few weeks late with the DMV? I hope not.

My answer of "No" was assuming you had proper insurance. If you had proper liability insurance at the time of the accident, you're fine.