Legal Question in Personal Injury in Georgia
This is about an accident that occurred 2 months ago at about 1:15pm on a clear day. I was waiting at a traffic light, on a side street, behind a car, in the left turn lane, and waiting to turn left. Traffic was busy on the street I was turning on because everyone was waiting to get out of town here in Atlanta, GA. My light turned green so I followed the car in front as we both turned left. I had nearly completed my left turn when someone from my right hit my right front fender. She got just a warning for failure to yield to right of way. I only have liability. I dont have any witnesses. The passenger in my car is not considered an independent witness. Her insurance company won't pay damages since they say she claims she had the green light(her story on the police report says she had the red light and her light turned green) and it cant be determined who is at fault. I have pictures from the scene that show her skid marks shows she was going at a high rate of speed. Her insurance company says the pictures wont matter unless they were taken the instant the accident happened. The damages to my car is nearly $500. The damage to her car is just a crack in the plastic on the bumper. She made no claim to my insurance company. How can there be an accident with noone at fault(especially when both lights cant be green)? Why would she just get a warning? Do I have a case if I take her(or her insurance company) to court to cover cost of damages?
3 Answers from Attorneys
You mentioned that this woman received a "warning" for failing to yield the right of way. Were you cited for causing/contributing to the accident? Typically the person who receives the citation from the police officer is the person who is responsible. You might consider filing a magistrate court action to recover for the damage to your vehicle.
You are asking for an opinion based on one side of story - yours. The other party has her version, and the police officer might have a different story. The truth may or may not match one of the stories. In fact, your story does not even tell us where the other driver came from when she hit you. Sure you can sue, in small claims, and she might counterclaim for her damages. The judge will decide who, if anyone, pays. It might be you.
You have now learned why it is vital for everyone to carry full coverage. That was your big mistake.
You can sue, probably in small claims court, and you can expect that she, or her insurer might counterclaim for her damages. You also can make a complaint to the state insurance commissioner.
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