Legal Question in Personal Injury in California

Hi my name is Gios, about two and a half weeks ago I was involved in an auto accident. I was going down a widing road with lots of curves, obeying the speed limit and driving a familiar road. As I was moving through a sharp left hand curve my front drivers side tire deflated suddenly and cause the steering wheel to jerk sharply sending the car into an oversteer manuever pulling me into the oncoming lane. As I tried to correct I ran out of road and hit the side of a hill, the road here is only two lanes wide with no shoulder on either side, and this caused a fair amout of damage to the vehicle which was totaled by the insurance. Now the insurance is trying to place me at fault even though this was inevitible and the vehicle acted in an unpredictable manner. My question is what can I do to fight this and prevent the point from going on my driving record.

Thank you

The little guy trying to fight the blood thirsty corporate giant insurance company.


Asked on 3/30/10, 10:21 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

In a claim for damage to one's own vehicle, liablitity is not an issue. Your insurace policy covers you whether or not you are at fault. Whether your yearly premium, I suppose, is raised or not would depend upon whether you were at fault or not. You need to insist that they provide an expert opinion that you were going too fast under the circumstances and that the tire deflatilng was from how your were driving and not some other cause. I suspect they are basing their opinion on tires not going flat unless the sidewall is violently struck or someother negligent act is done.

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Answered on 4/04/10, 11:19 pm


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