Legal Question in Personal Injury in California

Uninsured and in non injury accident.

Here is the story.

I was making a left turn into a driveway on a side street. I am not clear if my directional was on or not. I always use one so it is a habit with me but I might not have this time. A SUV came up behind me and noticed I was slowing down (I was not at a stop) and decided to pass me on the left as I began my turn. So my car was side swiped with some damage to the tire area. The SUV had some bumper and fender damage. I do not have insurance. I do not feel that the accident was my fault. does anyone know where I can get some clear information about what my rights are. I am not seeking any moneies from this accident as I feel it was an accident and noone was injured. I am willing to accept my part in this and pay for my car repairs but I am not sure how to proceed. Thanks.


Asked on 5/22/03, 9:44 pm

2 Answers from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Re: Uninsured and in non injury accident.

Did the SUV enter the opposing lane when he attempted to pass you? If so, he did commit a violation of vehicle code, which is probably the primary collision factor in this case.

I think the SUV should pay for the damage to your car. File a claim with SUV's insurance company, give them 30 days to pay. If they will not, then take him/her to small claims court.

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Answered on 5/25/03, 10:23 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Uninsured and in non injury accident.

Thank you for your inquiry.

A car that is behind you must slow down as you slow down, and has a duty to make sure that it is completely safe to pass before passing.

You should file a claim with the other side's insurance company (you did exchange information, right?), and get your car fixed. Even without insurance, which can be a misdemeanor, you have the right to compensation for your body shop damages.

I hope that this answer helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I'm happy to help in any way that I can.

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Answered on 5/27/03, 7:46 pm


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