Subcontracted carpet layer driving without a Ca drivers lic has accident.

[dejr123]

What is the name of your state (only U.S. law)? california I was involved in a car accident with a un licensed driver. This driver was a subcontracted carpet layer hired by a local carpet retailer. The driver was in route to his install destination when the accident occurred. I was driving behind the subcontractor on a 2 lane hwy(one lane each direction)as we approached a small "t' intersection(no signal). The subcontractors vehicle signaled left as if to turn left at the intersection.... I moved to the right to go around him when he suddenly turned to the right...making a right hand turn directly in front of me causing me to hit him on his passenger side door....MY QUESTION IS...is the un licensed driver automatically at fault because he shouldn't of been driving without a valid California drivers lic? and secondly is the Carpet store owner share any liability with regards to this accident...as he hired this subcontractor...and his(store owner)carpet was in the bed of the truck. The vehicle driven by the subcontractor is not owned by the carpet store ...but by the subcontractors wife.

 

[Mass_Shyster]

The driver's lack of a license was not a cause of the accident.

The carpet company did not cause the accident.

 

[tranquility]

But, the driver may very well have been acting as the agent of the carpet company.

 

[OHRoadwarrior]

It appears you moved onto the shoulder, crossing out of the marked lane and drove into the side of his van as he turned right.
Had you not illegally attempted to pass, you would not have hit him. Can you prove he did not accidentally put on the wrong signal, then apply the correct signal? I doubt you can, because you would not have been able to see it as you illegally passed him.

 

[LdiJ]

It appears you moved onto the shoulder, crossing out of the marked lane and drove into the side of his van as he turned right.
Had you not illegally attempted to pass, you would not have hit him. Can you prove he did not accidentally put on the wrong signal, then apply the correct signal? I doubt you can, because you would not have been able to see it as you illegally passed him.

That is a fairly large assumption. There are many intersections where the road widens to allow for passing a vehicle making a left turn. Therefore there may have been nothing illegal about the OP's attempt to pass.

 

[davew128]

That is a fairly large assumption. There are many intersections where the road widens to allow for passing a vehicle making a left turn. Therefore there may have been nothing illegal about the OP's attempt to pass.

Agreed and in CA oftentimes there is either a turning area in the center of the road or in the case of an intersection such as this, a specified left turn lane.

 

[ecmst12]

I agree that the status of his license has nothing to do with the cause of the accident, and the determining factor will be largely dependent on whether you were in a legal lane at the time of the accident.

 

[OHRoadwarrior]

I'm still waiting for OP to come back and explain more. Even if the road widened, they bear the burden of making sure what direction the vehicle is turning. If the van driver changed signals and OP missed it because of their going around to quickly, they are still liable.

 

[davew128]

If the driver changed signals, it was his duty to make sure the path on the right was clear before moving over.

 

[Zigner]

If the driver changed signals, it was his duty to make sure the path on the right was clear before moving over.

How does the OP intend to prove what signal was being given?

 

[davew128]

How does the OP intend to prove what signal was being given?

Why sign language, of course!

 

[dejr123]

Subcontracted carpet layer driving without a Ca drivers lic has accident

To answer some of your questions...Yes there was or is a designated left hand turn lane. The subcontractor had his left blinker on and was moving toward the left turn designated lane. Please understand that i was still 30 yards or so behind the subcontractors vehicle when i noticed his intention to turn left. As I closed the gap between us...the subcontractors vehicle was slowing down waiting for on coming traffic(i assume)...he was not all the way in the designated left hand turn lane by the time i was 15 yards behind him...and i did not go outside my white line(fog line)when i slightly veered to the right in my attempt to continue past the subcontractors vehicle.....It was at this moment that the subcontractors vehicle suddenly turned right Directly in front of me..making contact with my front left fender and the left side of my large protective bumper(i drive a cheep CJ7 type)with the right side of his truck on passenger door...QUESTION: I PLAN TO CALL THE INSURANCE COMPANY TODAY AND FILE A CLAIM. I AM CALLING THE INSURANCE COMPANY OF THE SUBCONTRACTOR...because at the time of the accident..we exchanged info and he gave me the policy number which supposedly covers the truck which is owned by his wife. MY QUESTION IS....can the insurance company(subcontractors wife's insurance) refuse payment to me(assuming subcontractor is found at fault)because the subcontractor was driving the insured vehicle without a valid CA drivers lic.?..

 

[tranquility]

If he was excluded from the policy, yes.