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Right hand turn and VC 20100, 20107, 20108

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falcon99usa

Junior Member
What is the name of your state (only U.S. law)? CA

I was recently involved in a right hand turn accident. I was following a pick up truck on a one way road, when the driver in front of me entered left lane clearly mark for left turn and separated by solid white lane, and this way indicated that he will make left turn, of course without any turn signal, so I continued driving in straight lane and when he slowed, I was almost parallel, when he started to move toward right, so I stepped on brakes and swung right to avoid the accident, but he cut me off making wide turn, and hit my left side front bumper, fender, tire and mirror. I came to complete stopped, but he turned right and stopped on the street a few feet away.
I believed he made wide right hand turn and violated VC 20100, 20107, and 2008. He made wide right hand turn, and his approach and turn was not as practicable from right side of the road (both of his rear tires were in left lane), he did not use his mirrors, nor he did look over his shoulder, otherwise he would see me next o him; maybe I was in his blind side, and he never made sure, that it is safe to change the direction, since he had no idea the vehicle was next to him.
His vehicle had damaged his right side running board and right rear tire. After the accident he claimed that I tried to passed him on the right side. I told him that he was clearly in the left lane, marked on the road with left arrow.
I also want to point out that he had a passenger sitting with him in front, and that the weather was clear, sunny day at 6:20pm. He also provided me with expired insurance card, and had no CDL on him. I made a mistake not calling cops, but local sheriff department is known not responding when there are no injuries, and it was my first accident ever.
Who do you think is at fault?
Thank you for your advise and reply.
 
Last edited:


FlyingRon

Senior Member
Sounds like he may be at fault. If you have collision insurance, you can let your insurer handle it. There's nothing you can do to force the police to write tickets.
 

CdwJava

Senior Member
You are correct - law enforcement is not required by law to respond to most non-injury collisions.

The only potential problem I can see would be if the other driver denies entering into the left turn lane. If he alleges he was headed straight and you tried to pass him on the right (in a single lane road) then you could be found at fault.

But, as was mentioned, this is an issue for you to bring to your insurer.
 

davew128

Senior Member
The only potential problem I can see would be if the other driver denies entering into the left turn lane. If he alleges he was headed straight and you tried to pass him on the right (in a single lane road) then you could be found at fault.
Wouldn't matter either way since the other driver apparently doesn't have insurance. OP need to use collision coverage pay the deductible.
 

Zigner

Senior Member, Non-Attorney
Wouldn't matter either way since the other driver apparently doesn't have insurance. OP need to use collision coverage pay the deductible.
Actually, it does matter. A not-at-fault accident won't count against the OP for insurance purposes.
 

CdwJava

Senior Member
Wouldn't matter either way since the other driver apparently doesn't have insurance. OP need to use collision coverage pay the deductible.
His insurance company can go after the other party for the loss. I've been in that boat before and was out the deductible at first, but got it back when the insurance company got their money from the other party.
 

falcon99usa

Junior Member
UPDATES Saturday May2, 2015

His insurance company can go after the other party for the loss. I've been in that boat before and was out the deductible at first, but got it back when the insurance company got their money from the other party.
First of all, I would like to thank you for all your replies.

Here is updated info:

I turned my car to body shop repair the very next morning, and my car was fixed in 6 business days. The total repair bill was $2,566 and I had to pay my $500 deductible, which I hope I will get reimbursed from the other insurance company. I have not heard from my insurance company any updates, after I had recorded interview two days after the accident. I have been told that since the other driver is denying his fault, the case has to go to an arbitration.

I will post any available information ASAP, but I also have an additional question. In case I do not like the results of my case, should I hire a professional accident attorney to prove my case?

Thanks again
 

falcon99usa

Junior Member
Update

:)
I received a letter from my insurance company, explaining that other driver made unsafe right hand turn and he is 100% at fault. My insurance will try to collect $500 deductible I paid, from the other party too, but they do not guarantee the positive result.

:cool:What I learned? Be always extra cautious, even when you see that other driver intentions are clear, and when you are in accident with no injuries and looks like a minor damage, still call cops, especially when the other party has expired insurance and no driver license at hands, and definitely if you suspect that an alcohol could be the reason for a bad judgment, although you don't smell it.

Well, if my insurance company will not get my $500 deductible from the other party, what is my option? Should I go after my money through small claim court? I understand that suing someone and winning the case is one thing, but to actually collect the money could be a very difficult process.

Thanks again!
 

ecmst12

Senior Member
If your insurance company, with many more resources, is unable to get your $500, you won't be either.

Cops or alcohol being involved would not have changed anything.
 

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