Legal Question in Personal Injury in California
I was involved in a car accident. The other party was trying to merge into my lane (from the right lane into the the left lane), I saw his signal and tried to slow down but he hit me anyways. I think I might have been in his blindside, but at the scene, he apologized and and admitted fault. We exchanged information, but no cops came because it was a minor fender accident. After some investigations, his insurance deny liability because they accused me of driving too closed to their driver. My insurance said that the type of collision is inconclusive and that they can't do anything because its a he said she said type of thing. Now I'm left with a $500 deductible because he lied and said that i merged into his lane, which doesnt make sense because if he was in front of me, why would i intentionally turn into it? Prior to all this, right after the accident he (and his mom who was not in the car) had called me several times begging me and said they'll pay for damage if i did not call my insurance, which i went ahead and did anyways. My phone carrier only saves messages for 2 weeks, so the messages are gone. I only have phone records of where they called me. What are my options? What can i do to get them to pay for my car damage?
4 Answers from Attorneys
This is a very common occurance - Try taking the other driver to small claims court, if your damages are less than $7,500.00. The small claims judge may be able to sort out the issues. Yours is a very good reason why a police report is important in any accident. The police can make notes of the positions of the vehicles and the point of impact so that the events can be better recorded. Another good thing is to carry a disposable and/or digtal camera in the car so that you can take pix atthe scene before the vehicles ar emoved.
Good luck
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Small claims is the best option in this case!
I agree with the other two answers. Small Claims court seems to be the best way to go. Try calling the other driver again and see if they will admit fault. Based on the damage to the side of your car, the evidence seems in your favor.
I agree with what all of the other attorneys have said. Small claims is probably your best bet.
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