Legal Question in Civil Litigation in California

Involved in an auto collision. Rear ended at an intersection, light was red.

I was uninsured driver at the time. I have video surveillance that captured the collision.

Exiting a driveway turning right to get on the road. Total of four lanes: Left and Right pocket lanes, No. 1 & 2 lanes. First intention was to make a right on the right pocket lane, but changed mind and made a lane change to lane no.2. about 20-30 ft. before the intersection. All the while having my car signal and making sure there was enough space for the lane change. Other party was driving fast on no. 2 lane, made a slight right turn to avoid rear ending me, but failed. Shortly after I got out of my car to ask him if he saw my signal and the lane change. The passenger's answer was that the brakes/tires were failing.

Police report states I am the party at fault. The video was sent to other parties' ins. to show otherwise but still, they concluded I was at fault.

The damages to my auto are far more than his damages and I would like for him to pay. Since there were no personal injuries, only property damages and the total does not exceed 10k I am having a hard time finding a lawyer that would represent my case. Plus the fact that I was uninsured.

My question is...

Do I have a case?


Asked on 5/22/12, 10:41 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. Winning is a different question. Each of the drivers can sue the other. If one sues, the other will counter sue. Your choice.

Lawyers will be happy to take your case if you are paying by the hour for their time, but no sane lawyer is going to do a disputed liability, joint fault, no injury, low value case on a contingency, so don't bother to look for one unless he is your family member you can force into doing so.

OR, let your insurance companies handle it like they are supposed to. You do have liability insurance to cover the other guys damages, as legally required, right? Hopefully you also had comp/collision and UM/UIM to pay for your damages.

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Answered on 5/22/12, 11:59 am


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