Legal Question in Insurance Law in California

Auto accident

I hit a car making a left hand turn onto on coming traffic.

He turned into my right of way.

His insurance says i'm resonsible for 20% of the damage to my car, because they came to the conculsion that i was speeding. I faxed them the police report which said i was driving within the speed limit.

And the cause of the accident was failure to yeild to on coming traffic. He's insurance insists that i was speeding, because i hit the other car in the right rear fender & bumper,

i explained that i tried to brake and my car skided so i turned the wheel to try to avoid the other car by going around him, but i did not clear his back end. What should i do? Is this right? (no one was hurt)


Asked on 5/02/07, 3:15 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Auto accident

The other driver's insurance company does not have to agree with the police report. You have probably done all you can to persuade it, but someone with more expertise might be able to get you better results. Turn this matter over to your auto insurance company and let them handle it for you.

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Answered on 5/10/07, 6:51 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Auto accident

The other person's insurance is not required to follow the police report. They will do their own investigation.

If you have collision coverage on your auto insurance, report it to them and let them handle it for you. That is why you pay the premium.

If, on the other hand, you do not have collision coverage, you may want to consider a small claims court lawsuit where you can recover up to $7,500. I have prepared an ebook on small claims court that you can get by emailing me at [email protected] and asking for the small claims ebook.

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Answered on 5/10/07, 9:48 pm


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