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- From: briang@bari.Eng.Sun.COM (Brian Gordon)
- Newsgroups: ca.driving,sun.junk,misc.legal
- Subject: Traffic accident -- Small Claims Court case?
- Message-ID: <lgl56nINNppj@exodus.Eng.Sun.COM>
- Date: 18 Nov 92 19:09:11 GMT
- Followup-To: poster
- Distribution: ba
- Organization: Sun Microsystems Inc., Mountain View, CA
- Lines: 77
- NNTP-Posting-Host: bari
-
- What, if anything, to do ...
-
- A vehicle I own was hit by a driver making a U-turn. It all seemed cut and
- dried until the investigator/adjuster from the other driver's insurance company
- called to say they were only willing to pay 50% of the damage ...
-
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-
- Traffic was backed up on that vertical street all the way off the bottom of the
- drawing. Car #2, intending to make a right turn from the right turn only lane
- (xxxx), pulled as far right as possible and traveled, slowly, through the
- side-street intersection towards the major intersection. Car #1 signaled a
- left turn, stopped at the median, noted that the opposing traffic had (miracle
- of miracles) not blocked the intersection while waiting for their light, and
- proceeded to make his (legal) U-turn. When his turn was almost complete, he
- ran smack into the side of Car #2 (at *), which was heading into that right
- turn only lane. The angle of impact was virtually a "T", with the front of Car
- #1 perpendicular to the side of Car #2 behind the driver's door.
-
- The police appeared, gathered licenses and registration, measured stuff, etc.,
- and issued a ticket to driver #1 for failing to yield to through traffic. The
- accident report agrees with the description above. The report lists one
- witness, who was in the car right in front of the point of impact. His
- statement agrees with the description above, except for one strange phrasing --
- when he said that Car #2 "collided with" Car #1. Unless it was traveling
- sideways, it could not have "collided with" the other car, but had to have been
- hit by it.
-
- The adjuster is arguing that his driver had no reason to expect Car #2 to
- "come out of nowhere" like it did, since it was "being driven in the parking
- lane". Note, by the way, that there is "no parking" in the last block, where
- the actual collision occurred, but that parking is allowed in that first
- block. They have advised their insured to both fight the ticket and to contest
- the accuracy of the accident report.
-
- Since they won't budge from their 50% offer, it appears that we have to take
- some kind of action against them -- or, technically, against the other driver.
- It also appears that, under current court rulings, there is no way to "sue" for
- damages _and_ legal fees, so if you go the lawsuit route, you lose 1/3 of your
- award to the lawyer, and end up with not much more than the 1/2 they are
- offering.
-
- That seems to mean that Small Claims Court is the only way to go. Any opinions
- on whether it is worth it? The damages are about $2,000, so the amount in
- dispute is around $1,000. When/if the other driver loses, I would expect that
- his insurance company has to pay for him. Otherwise, it would be up to him to
- sue them, in turn, to collect for the loss for which he is paying to be
- insured.
- --
- :-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:-:
- | Brian G. Gordon briang@Sun.COM briang@netcom.COM |
- | B.GORDON2 on GENie 70243,3012 on CompuServe BGordon on AOL |
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