Legal Question in Personal Injury in California
being blamed for accident not my fault
Hello I hope you can help me. On Monday April 13 I was involved in a car accident. I was coming up to a stop sign and going to make a left turn on to El Camino Real. I stopped looked right and looked left there was no one coming, so I started to go and a car came flying from around the corner and broadsided me. I was stunned and pretty shook up and we exchanged information. I was knocked kind of sensless I really wasn't sure what to do. In any case there was no police repport. The other party had a couple of scratches on their bumper, and my car was totaled. My insurance company is saying I am the one at fault, and now telling me that the damage to their car will exceed the $5000.00 property damage coverage on my plicy and they will come after me for the rest whatever it may be. First of all there is no way that there was that much damage to their car, it was only a couple of scratches on their bumper! I was the one who was hit, I was injured and my car totaled. If anyone would have really investigated the accident scene, they would see that there were very long skid marks from their car because they came around a blind curve speeding. They would have been able to stop if they were going the speed limit. Nobody wen
2 Answers from Attorneys
Re: being blamed for accident not my fault
It does sound odd that your own insurance company is conceding fault without adequate investigation. Your policy should provide that the insurer will provide you with defense counsel in the event of a suit. Perhaps they are trying to minimize their attorney expenses by settling the case out. Have you checked on who insured the other driver? Hopefully, it is not your insurance co.
It also appears that you have rather low policy limits in your policy. That is the real scandal--that insurance companies are allowed to pedal such policies that do not provide full protection when they are most needed--by both sides of the case.
It also sounds odd that your car was totaled and there was no police report.
Whose idea was it that it would not be reported? Hopefully, the police were called, but did not show up, since no injuries were claimed at that time. IF so, get a record of the call.
I agree with the other question responder that you need to seek an independent counsel in your area to evaluate your situation. If you suffered injury, you may want to consider suing the other driver, or at least filing a cross-complaint if you are sued, and the lawyer provided to you by your insur. co. is probably not obligated to do either under your policy.
Re: being blamed for accident not my fault
Go back to the intersection with a camera and take pictures of the skid marks. Then consult with an attorney. The code provides that after coming to a stop once it appears, to a reasonable person, to be safe to proceed across the intersection that person has the right away.
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