Legal Question in Traffic Law in California

Involved in accident - no insurance, property damage.

My auto insurance has lapsed one month. I was traveling southbound (sb) on a major street. I attempted to make a left turn on to a freeway on ramp. At that entrance there isn't a designated left-handed turn lane nor a traffic arrow. There are three northbound (nb) lanes and the two inside lanes yielded for--name removed-- As I pulled forward I was unable to see if anyone was coming along the curb-side lane. He was travelinlg at a very quick pace and we hit at a perpendicular angle - him mostly his left front and--name removed--my right side panel and tire (no front end damage). He failed to yield to the traffic that had let--name removed--pass, and I failed to turn on the yellow, or red. I've been trying to pay him directly by cashier's check or something but it hasn't panned out. I believe his insurance has already begun the process (its been two weeks) and is repairing his car. I would like to avoid getting a suspended license. What is--name removed--course of action? Might the insurance stop the claim and take--name removed--payment, could I negotiate later for partial liability? Am I at the mercy of the insurance company? Could the other party request the insurance not file the SR1?


Asked on 7/06/06, 3:09 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Involved in accident - no insurance, property damage.

What is--name removed--course of action? Your best course of action at this point is to try to contact his insurance company and offer to pay the repairs or make payments.

Might the insurance stop the claim and take--name removed--payment, could I negotiate later for partial liability? The insurance company will not "stop the claim." Once a claim is filed by their insured, they are under an obligation to move forward with it. You can still negotiate with them.

Could the other party request the insurance not file the SR1? Insurance companies generally do not file the SR1. It is filed by the driver. Your best hope is that he did not file it, but do not count on it.

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Answered on 7/10/06, 10:40 pm


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