• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Accident and possible harrassment?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Cover Zero

Junior Member
What is the name of your state? California

I moved into the left turn lane from 2 lanes to head into the gas station driveway. The car behind me decides to go ahead and cut in front before I could even think to make a swerve back into my previous lane. His car suffers some scratches around his passenger side back door while mine gets the front end light broken off, along with scratches and a dent around the hood.

It was an older couple and claims that it was all my fault for not looking or paying attention. That's false because the wide angle mirror I have in my car is positioned to see much of the lanes left to me, and I looked to my driver's side mirror and saw no car that could've blocked the blind side nor signal indication of the car behind. He also claimed that I came into the left turn lane 30 feet past? Not physically possible because it's not a highway. My car stopped maybe a couple of feet ahead of the beginning of that lane to stop it after the hit.

I'm explaning my case of it not being my fault and how he cut over, they think I'm about to go out of line though I'm not yelling. Then it got distressful with his wife making comments like "Make sure he doesn't get away" and he continuously making sure she got back his insurance even though they still had mine. Mind the fact that I got out of my car first to make sure they were ok. Throughout, they came off apprehensive as if they were profiling me though dressed business casual. I'll give the benefit of the doubt and figured they acted the way they did if they possibly had a hit and run incident in their past. There's more, but to cut it short it got me to basically fold in say that I would see if I could cover their damages, just to calm the situation and keep them from doing something irrational. They're insistent on reporting to their insurance, though I feel I should be the one to make the initial claim.

I probably shouldn't have folded in despite my mind not being clear with the state of my car now not legally capable of being out on the road. Neither of us waited on police, and as for witnesses, it was on a relatively busy intersection, but it's California. I'm inexperienced in this situation. Is this a case where I should go through with my claim? Seek an auto or gen. attorney? Or am I actually at fault and should wait on what they decide to do? Being under 25 years of age, will my premiums raise regardless of who's at fault?
 
Last edited:


stephenk

Senior Member
why do you feel you should make a claim first? a claim with who - their insurance or your insurance?

if they make a claim with your carrier, your carrier will make a determination of fault and either pay all, some, or none of their claim. if the other side decides to sue you, your carrier will provide you with an attorney.

your carrier will not raise your premiums unless you are found to be more than 50% at fault.
 

Cover Zero

Junior Member
Yes, a claim with their carrier. If it is a matter of percentages, the damage caused to my car outweighed theirs and they did cut over in spite of my left turn signal being on. I guess I'll see where it stands starting tomorrow.

Thank you for answering my questions.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top