I was waiting for a pedestrian to cross a driveway so I could turn left into the driveway on a 2 way residential street. After the pedestrian crossed, I started turning left. The other driver was attempting to pass on the left at the same time and ran into me.
He claimed that I was sitting on the side of the road and pulled out into traffic. His insurance says it’s his word against mine, and denied any fault. The only witness is my children’s mother. They say they cannot take her as a witness because I know her.
Do I have any recourse, or am I just screwed? I only have liability and uninsured/underinsured coverage, so my insurance is also denying the claim. What can I do? Thank you for any information you can give.
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Answer
Dear Anonymous,
Based in the facts you present, it appears the other driver was in violation of California Motor Vehicle Code Article 3 Section 21750 (a) entitled “Overtaking and Passing” which reads in part:
“The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left at a safe distance without interfering with the safe operation of the overtaken vehicle, subject to the limitations and exceptions set forth in this article.”
It appears the police weren’t called to the scene, so there is no accident report, nor were any tickets issued. There is also no mention of witnesses. This makes proving your case difficult. At this point, you have two choices. You can accept the decision of the other driver’s insurance company, or file a small claims lawsuit against the driver.
California Small Clams Courts have jurisdiction to hear cases up to $7,500.00.
Learn more here: Car Accident Property Damage
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 888-972-0892.
We wish you the best with your claim,
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I would bring your mother into court as a witness regardless. The other insurance company will say anything – and anything you can find to support what you and your mother testify to will at least help some. Try to find a theory that will help support your account of the accident.
I wish you luck – I am going through it too and the other side brought up a new account of the accident at the hearing despite that the other driver admitted fault at the accident and the officer has it on the Police Report. I wouldn’t give up.
Also maybe a collision expert could find something in the damage to your car and as to how the collision had to take place. It is worth checking out. Good Luck!
Another possibility is if you can show you had no reason to be sitting on the side of the road that might help too!