need legal advice, california driving law

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Apr 19, 2008
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#1
I was going east bound on a 2-lane main street, while the person that hit me is coming west bound on the same street. I'm in lane #2 (farthest from median) going straight, while the other driver is in lane #1 (one closest to median) making a left.

The light was green for both of us, meaning she is supposed to yield and I have the right away. We are both the same distance from the lights, both doing the speed limit.
Instead of yielding at a solid green light, instead she decides to speed up. Then we hit in the middle of the intersection!

She told the police I had my left turn signal on (which I didn't), but I was still in the straight away lane regardless. She also told my insurance agent the same thing. She then tells her agent a different story. That I was in the left lane now, trying to go left...So now, her insurance is saying they're most likely going to dismiss the claim because it's "he-said-she-said". Now, my car is totaled all in the front and she only has a medium sized dent on her right front fender.

The police all(3) said that It looked like she was at fault by the stories. I am planning on getting written statements from all or most of them.
I had 2 passengers with me, they both saw what happened...but they're of no use, because of the "biased friend" thing. I took pictures of my car the moment after the accident. Then, came back 2 weeks later (today) to take pictures of the left-behind tire marks from all the oil on the tires when it gushed out after the hit. It shows i was going straight, then veered off to the right side of the road so I wouldn't block traffic. The reason I waited so long to take the pictures of the aftermath, is because I barely heard the news today that the other insurance company is , and I quote, "Most likely going to dismiss this claim...".

I am collecting as much evidence to take the party at fault to court. Is there anything else I can do to make sure my case goes smooth, along with all the evidence I have so far? Is it possible to take the other person's insurance to court also? Any and every piece of advice will help, thank you.



unfortunately, there was no report made because there were no injuries. They said, if no injuries, it becomes a civil case.
and do I take the insurance or the person liable for the accident to court...?
 
Jan 9, 2006
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#5
im pretty sure you can go to small claims court and present your evidence to a judge
yep thats what u gotta do go to civil court and send the insurance company and the lady that hit you a supeona.It cost like 20 bucks down at the CHULA VISTA COURTHOUSE. get a estimate on the damages, bring pictures with you to court.GOOD LUCK. U SHOULD WIN THOUGH
 
Apr 19, 2008
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#6
if i go after the insurance company, what grounds do i have? i understand why the girl obviously though.
 
Jun 4, 2004
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#7
B.S.... anything over $750 in damages to either vehicle results in a report to DMV. The Police should have made a report. If your vehicle is totaled then that's more than $750 in damages. Waiting could hurt you in the long run.. should have made the Police take a report anyways or at least go back and get statements from them (good luck with that doubt they will cooperate freely)...

File a small claims suit against the girl and name the officers as witnesses is the only thing I could suggest.
 
Dec 17, 2002
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#8
I was going east bound on a 2-lane main street, while the person that hit me is coming west bound on the same street. I'm in lane #2 (farthest from median) going straight, while the other driver is in lane #1 (one closest to median) making a left.

The light was green for both of us, meaning she is supposed to yield and I have the right away. We are both the same distance from the lights, both doing the speed limit.
Instead of yielding at a solid green light, instead she decides to speed up. Then we hit in the middle of the intersection!

She told the police I had my left turn signal on (which I didn't), but I was still in the straight away lane regardless. She also told my insurance agent the same thing. She then tells her agent a different story. That I was in the left lane now, trying to go left...So now, her insurance is saying they're most likely going to dismiss the claim because it's "he-said-she-said". Now, my car is totaled all in the front and she only has a medium sized dent on her right front fender.

The police all(3) said that It looked like she was at fault by the stories. I am planning on getting written statements from all or most of them.
I had 2 passengers with me, they both saw what happened...but they're of no use, because of the "biased friend" thing. I took pictures of my car the moment after the accident. Then, came back 2 weeks later (today) to take pictures of the left-behind tire marks from all the oil on the tires when it gushed out after the hit. It shows i was going straight, then veered off to the right side of the road so I wouldn't block traffic. The reason I waited so long to take the pictures of the aftermath, is because I barely heard the news today that the other insurance company is , and I quote, "Most likely going to dismiss this claim...".

I am collecting as much evidence to take the party at fault to court. Is there anything else I can do to make sure my case goes smooth, along with all the evidence I have so far? Is it possible to take the other person's insurance to court also? Any and every piece of advice will help, thank you.



unfortunately, there was no report made because there were no injuries. They said, if no injuries, it becomes a civil case.
and do I take the insurance or the person liable for the accident to court...?
refer to this thread for traffic laws

http://www.siccness.net/vb/showthread.php?t=306077
 
Jan 24, 2006
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#9
You'll win, her saying that you were signaling makes no difference. She has to yield no matter what, and the pictures of the damage to both cars will prove that she was at fault.