Legal Question in Personal Injury in California

Lady cut into my lane without signaling

I only have liability coverage, and need to get my car fixed.

I was heading southbound on the lane closest to the curb when p2 made a sudden right into my lane, she stated that she signaled I think that she didnt, she stated that she was already making a turn onto her driveway when I struck her.

The police illustration shows my vehicle going striaght and her vehicle turing right into my lane, however I was still put as the cause of the collision.

The police report states that I was in violation code 21755, other party was in violation 22100, I was stated as the cause of the collision, my insurance told me I must go to small claims court now to get my car fixed since they have no legal obligation to repair my car. The other party's insurance has denied my claim, and my insurance has denied her claim.

From the looks of this it seems to be very messy, her car is already repaired as of now, but my car is not, I have no reliable form of transportation as of now, and am very stressed out about this situation.

The damage estimate for my car was quoted at $3,500, but I want more money for emotonal distress and loss of wages.

My main question is what should I do as right now? And how are my chances of winning this case?


Asked on 8/11/06, 7:22 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lady cut into my lane without signaling

The police determination is not dispositive of the case. There's no way for anyone to know what a small claims judge would do. You'd ask for "pain and suffering" for your injuries, plus your medical bills and repair to your car. Small claims court's limit is now $7,500. Bring photographs, repair estimates, medical bills, evidence of your payment for any of these, etc.

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Answered on 8/16/06, 4:25 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Lady cut into my lane without signaling

You have nothing to lose by going to small claims court. Go for it!

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Answered on 8/16/06, 4:49 pm


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