Legal Question in Personal Injury in California
Wrongfully accused
I was wondering if someone could answer me a question about having the ''right of way.'' I was involved in a car accident about a month ago, and I barely received a check to fix my car. The problem is that I am being blamed for 10% for the accident, and am only getting covered 90% from the other insurance when I think that I don't have any fault.
The accident happened in an uncontrolled intersection. The guy was making a left turn, coming from the opposite direction from me, and I was going straight. Tell me this, isn't it his fault that I hit him, since he just made the turn without checking to see if any other cars were passing. Now, what his insurance is saying is that I have 10% at fault because he almost cleared his left turn. I hit him in one of his back wheels. His insurance claims that I wasn't paying attention. Someone told me that I had the ''right of way,'' and that it didn't matter on what part of his car I hit.
I'm so emotionally distressed already that I'm beginning to fall under a great depression. Another thing, his insurance only wants to cover for parts from Taiwan, which are not original. I also want them to cover 100% for a rental car, meanwhile I get my car fixed.
Thank you.
2 Answers from Attorneys
Re: Wrongfully accused
What do you expect. The job of the insurance adjuster is to save the insurance company money. You can refuse to settle and hold out for what you want. If you have only property damage, sue the driver in small claims court. If you were bodily injured talk to an attorney.
Re: Wrongfully accused
If you have your own collision insurance coverage, then you can make the claim against your own insurer: in such a case, comparative fault is not an issue. Your carrier simply pays for the repair, less your deductible which, under some circumstances, may be waived by your own insurer. Again, if you have rental car coverage on your own insurance policy, you can make the claim against your own insurer; comparative fault is not an issue on your own rental car insurance coverage.
If you must make the claim directly against the other guy's insurer, they can raise your comparative fault as a partial defense, thereby reducing your recovery by the same percentage of fault attributed to you. Agree with previous poster: if no injuries and you disagree with the 10% comparative fault evaluation, take it to small claims court. If you were injured, call an atty. You may still end up in small claims court, but there's never any harm in running your case by a lawyer.
As to the parts used to repair your car, be advised that the California Code of Regulations (10 CCR 2695.8 (j)) provides that an insurer can't require the use of non original equipment manufacture (OEM) replacement crash parts unless 1/ the parts are at least equal to OEM parts in terms of kind, quality, safety, fit and performance; 2/ insurers specifying use of such non-OEM parts pay the cost of any modifications to the parts which may become necessary to effect the repair; 3/ the insurer warrants that the parts are of like kind, quality, safety, fit and performance as OEM replacement crash parts; 4/ the crash replacement parts, whether OEM or non-OEM bear permanent, non-removeable ID so as to identify the manufacturer; and, 5/ the use of non OEM replacement crash parts is disclosed in writing. Report any violations to the California Insurance Commissioner.
Hope this helps.
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