Visitor Question

Both insurance companies agree I’m not at fault, but the police report says I am?

Submitted By: Anonymous (Indio, CA)

I was rear ended in an auto accident a month ago. I was stopped waiting to turn into a private driveway, when the other car hit me at full speed. My daughter and mother were in the car as well, but they were not injured. I was 5 months pregnant at the time and my blood pressure plunged from the shock and I could not get out of the car.

The paramedics arrived and they took me to the maternity ward to run a myriad of tests on my baby and make sure everything was okay.

The police report said I was at fault for making a left hand turn against a double yellow line. However, I looked up the code they said I violated, and in California, this turn is legal when turning into a private road or residence, when turning into an intersection, and even to make a U-turn.

My insurance company and the other driver’s insurance company have agreed that I’m not at fault, despite what the police report says. A local Personal Injury firm will not take my case unless I get the police report amended, and the officer has avoided returning my calls for several weeks.

Aside from having to go to the hospital, I suffered a lot of stress and worry about my unborn child, and even more stress because of the stress. I noticed an increase in cramping and contractions, which I mentioned to my doctor.

Do I have a case here to pursue a personal injury settlement? I have yet to reach out to the other insurance company.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

California Motor Vehicle Code § 21460 states in part, a driver is not prohibited from “…crossing the marking if (1) turning to the left at an intersection or into or out of a driveway or private road.”

It is curious why the police officer issued you a citation for an illegal turn.  You should definitely attempt to have the police report amended by contacting the supervising officer at the police department. Before doing so, take photos of the area in which you made the turn.

However, even if your were to convince the officer to amend the police report, it will be difficult to find an attorney to represent you. For an attorney to accept your case there must be evidence of injuries and resulting medical bills. Just going to the hospital may not be enough to warrant an attorney taking the case.

While the stress you suffered must have been extreme, absent physical injuries the the basis of a successful personal injury claim does not exist. You can of course file a claim with the other driver’s insurance company to cover the cost of the hospital visit and other out-of-pocket expenses.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: June 7, 2017

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