Legal Question in Insurance Law in California

Automobile Accident Fault

My sister was driving my car (both of us are insured) she pulled from a stop sign, There was a car approaching but she should have had plenty of time to cross. However, the car was speeding and the car hit her tail end. The car did not even attempt to slow down by hitting the brakes. The damage to my car was very minimal so she agreed not to report the incident. But the driver of the other car was driving her sisters car as well and the sister later reported the incident. My insurance compay has now made contact and claims that it is my sisters fault for running a stop sign or pulling out in front of a car who had the right of way. I know it was not my sisters fault because the other car was speeding but what can I do - if anything?


Asked on 1/31/00, 6:04 pm

2 Answers from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Automobile Accident Fault

There is nothing you need to do.

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Answered on 2/01/00, 4:55 pm
John Hayes The John Hayes Law Offices

Re: Automobile Accident Fault

Have you and your sister given a statement to the insurance company? It seems very strange that they are so willing to pay a claim without a police report. Do they have any evidence that your sister ran the stop sign? Can the other person's insurance company show proof that the other driver tried to avoid the accident? Since this is your insurance company that is willing to pay, I would contact them and ask them why they are paying a claim even though she did not run the stop sign. If you have any other questions please feel free to email me.

John Hayes, Esq.

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Answered on 2/01/00, 9:24 pm


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