Legal Question in Insurance Law in California

2 weeks ago I was involved in a car wreck. I was exiting a business drive way that fed into a 3 lane (2turning left ,1 straight on) road way. The straight on lane was packed with traffic and a driver left an opening for me to cross into the turning lanes. The turning lanes were clear because the arrow was green. I assumed I wasn't going to make it so I was driving slowly past the stop traffic. Looking left the suicide lane witch was splitting into the two turning lanes was clear as far as I could see past the stopped traffic. As I drove further towards the turning lane a woman in a suv came speeding up the suicide lane to try to catch the green light and slammed on her brakes(slid for quite a distance) and slammed into the front quarter panel of my car leaving it undrivable. Through geico I had only liability insurance on my car ( foolish in retrospect) so my damages weren't taken care of. Her insurance companies refuses to cover any of my costs (aaa). I understand that by leaving the driveway and crossing the lane of traffic into those turning lanes I hold a percentage of the responsabilitie and cost. But I also think that because she was speeding down the middle lane to catch a green light she also has some of the responsibilitie to cover a percentage of my costs. The insurance companies are saying its 70% my fault 30%her fault. I wanted to know if I had any ground to stand on to persue this into small claims court for a percentage of my costs. I also have a witness who came up to me at the accident and said he saw the whole thing and felt that she was driving recklessly.

Thank you for your time

James

Asked on 10/22/11, 1:00 pm

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1 Answer from Attorneys

Roy Kohler Law Offices of Roy Kohler
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You may have what can be called "Comparative Negligence". Both party's share fault. The percentage of fault to be determined through negotiation or by a jury.

Get a lawyer to help you.

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10/22/11, 7:04 pm

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