Speeding car hit me - liability?

N0help4u · Dec 18, 2009, 07:42 PM

In my state if someone turning left hits you they are mainly at fault no matter what. I don't know about how that works in California

Fr_Chuck · Dec 18, 2009, 08:10 PM

The car turning will be held at fault from the criminal side, ( most likely get a ticket for improper turn or not yieldig right of way.

On the civil side, if there is a law suit, then you will have to prove they are speeding, ( assuming you were not trained in a court approved class to determine speed by looking at the car)

So you will need to hire an accident investigator who will determine estimated speed by looking at skid marks ( if visable) or by reading the detailed police report ( if anyone beleives they really did one)
And by inspecting the auto damage.

But the car turning will still have the main fault even in civil court most likely

excon · Dec 19, 2009, 08:16 AM

Quote:

Originally Posted by GoodDriver

Can liability be assigned at least partially to her?

Hello Good:

Sure. IF you can PROVE she was speeding... But, the only way you can do that, is if she admits it, and that ain't going to happen.

excon

JudyKayTee · Dec 19, 2009, 09:15 AM

I'm an accident investigator. This is how you pretty much shot yourself in the foot - you say you started your turn, presumably because your path was clear and the turn was safe. Then you say a speeding car hit you. If you saw that the car was speeding, why did you make the turn?

An argument can certainly be made about speed, who "owned" the intersection, whether other traffic was stopped and the other driver passed it - but ultimately I think it's going to go against you.

excon · Dec 19, 2009, 09:29 AM

Quote:

Originally Posted by GoodDriver

Can liability be assigned at least partially to her?

Hello again, Good:

If you had insurance, the question would be academic. Your insurance company would go after her if THEY thought it would reduce THEIR payout. But, it wouldn't have anything to do with YOU at all. If you're talking about the deductible you have to pay to have YOUR car fixed, you're going to have to sue the other driver.

Because of what Judy said, I'm going to adjust my advice above... The other driver doesn't really have admit it. IF she was speeding, an accident investigator COULD determine that. But, again, if you had insurance, it would be THEM who would hire an investigator.

However, in terms of suing the other driver for your deductible, you're going to have to HIRE somebody like Judy..

excon

PS> Wouldn't carrying proper insurance be part and parcel of what it takes to BE a good driver?

GoodDriver · Dec 19, 2009, 09:51 AM

I have the insurance - full coverage - it's not about suing anyone or collecting money. I'd just like to see this accident listed as at least mutual fault 50/50. I did not see her coming, I assume she was speeding because she was not within my sight when I checked left. She had to be pretty far away still for me not to have seen her coming. And, because the impact was severe, and towards the rear of my car - I clearly didn't pull out right in front of her. Another reason I want the insurance investigation to find her speeding is that the resulting claims (both hers and mine) would have been for far less $$$ if she had not been speeding. I don't know if comparative negligence applies in CA though. There are no skid marks, she made no attempt to stop, might not have been paying attention? I just can't help thinking if she were going 25mph the damage would have been far less to both vehicles, so this monster claim shouldn't go entirely against me.

GoodDriver · Dec 19, 2009, 09:54 AM

P.S. It isn't *academic* ... My insurance rates will go up if this is assigned to me in full - less so if the liability is shared, not at all if it's deemed her fault (a stretch obviously). I'm hoping my insurance investigator will be aggressive, but we both have the same carrier - separate claims, separate investigators, but I also can't help thinking they won't be as aggressive since it's basically in-house for them.

JudyKayTee · Dec 19, 2009, 10:09 AM

Quite frankly your assumptions and conclusions are incorrect. And as far as whether or not the damages would have been less if she had NOT been speeding - what ifs don't matter.

I don't find that insurance investigators are any less aggressive when they handle both parties. That, of course, is my experience in NY.

As far as determing percentage of fault - that isn't going to change your driving record at all. You were in an accident and if you were even partially responsible and your insurance company assigns points for each accident you will receive points.

I don't know why you think you "clearly" didn't pull out in front of her - she was driving, you turned, she hit you. She will undoubtedly say you made a quick turn. I do these investigations almost on a daily basis and can predict what people will say.

I'd just be grateful there isn't a "monster" personal injury claim on her part.

ballengerb1 · Dec 19, 2009, 10:37 AM

Who got the ticket(s)?

Speeding car hit me - liability?

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