Legal Question in Civil Litigation in California

liability for auto accident

I was driving on highway, two lanes going in the same direction both ways. I began to make a lane change from the right lane to the left lane. Upon rechecking safety of lane change I found I could not complete lane change due to a car

approaching rapidly in the lane I was going to move to. I had to cancel my lane change (which was never completed) A car had moved up while I was attempting lane change & I had no where to go. I had to continue moving toward the right.

The car that had moved up lost control of his vehicle & went off the road. I did stop to make sure the occupants of the other vehicle were not injured. A highway patrol officer arrived on the scene. He did not even ask for my drivers license. He asked other driver if he wanted a report, which he refused. No police report, no citations issued. Hwy patrol thanked me for stopping & said I could go. Now other drivers insurance company is trying to say this was my fault? Please advise me if they have any legal grounds. My insurance company willl deny claim as they say my policy was lapsing. Thanks.

My insurance company


Asked on 10/11/99, 3:00 pm

1 Answer from Attorneys

John Hayes The John Hayes Law Offices

Re: liability for auto accident

If you were not insured at the time of the accident then the insurance company will try to collect whatever they paid to their insured from you. If there is no police report you have a stronger argument for not being at fault. Did you signal your lane change either time? Do you have any sizeable assets that they could file a lien against should they get a judgement? These are a few questions that need to be answered before a decision can be made on whether you need to hire an attorney to protect yourself or just ignore the insurance company. Do not, under any circumstances, give them a statement. No matter what you say they will twist your words. I would need to speak with you over the phone in order to better evaluate your situation and give you better advice. If you would like a free consultation please feel free to contact my office at 888-563-8529. If you don't call me call someone so that your rights and property are protected. I look forward to speaking with you.

John Hayes

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Answered on 10/11/99, 8:48 pm


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