Legal Question in Personal Injury in California
Driver hit my car, then retracted admission of fault.
I was looking for parking in a crowded parking lot and turned left into a parking ''aisle.'' The car in front of me was stopped, so I stopped too. Then, a car moving in the opposite direction, on my left, turned left into the lane that I'd just turned out of. However, the driver misjudged her turn and swiped my rear bumper on the left-hand side, damaging the front left side of her car in the process. She apologized, admitted fault, and asked me to fax her an estimate. But when I talked to her the next day, she retracted her admission and told me she'd discovered that the aisle we were in was actually one-way, and that since i was going the wrong direction, she was free from fault. In my defense, I wasn't ''going'' at all. Traffic was at a standstill, and she moved into my motionless car (which was not hidden or difficult to see by any means). Also, on a more minor note, the parking lot, being as packed as it was, and with cars going in every direction, had no clear signs indicating the intended direction of traffic. My questions: can this driver really be absolved from the fault of hitting my motionless, unobscured car? What steps should I take to ensure that she pays for damages to my car?
2 Answers from Attorneys
Re: Driver hit my car, then retracted admission of fault.
Essentially, you should be aware that you may either sue for your damages or attempt to work this out outside the court system, which would include making a claim against her insurance who will conduct an investigation.
Please contact us via phone or email at [email protected] if we can assist you further.
Re: Driver hit my car, then retracted admission of fault.
Thank you for your inquiry.
To answer your questions directly, a statement by the other driver that she was not at fault is not -- at all -- 'absolution from the fault of hitting your motionless, unobscured, car.'
To ensure she pays for damages to your car, you can make a claim against her insurance company (and the law requires that you exchange license and insurance information when there's an impact, which you did, right?) or you can sue her directly, as Mr. Tenner suggested.
I hope that this information helps, but if you have other questions, need more information, or feel that you need legal representation, please feel free to contact me directly at [email protected]. I am happy to help in any way that I can.
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