Legal Question in Personal Injury in California

Accident, no insurance, partial liability.

I was traveling southbound (sb) on a major street. I was making a left turn to

get on the 101 south. At that entrance there isn't a designated left-handed

turn lane nor a traffic arrow. There are three northbound (nb) lanes and the

two inside lanes yielded for me. As I pulled forward I was unable to see if

anyone was coming down the nb outside lane. I inched forward and the way

seemed clear. He was travelinlg at a very quick pace on the outside lane and

we hit at a perpendicular angle - him mostly his left front and me my right

side panel and tire. I believe he has a solid legal right of way but it is a grey

area issue. Front end collisions result in at least partial fault to the driver. He

didn't practice defensive driving, nor did I really.

What is my course of action. I've asked if we could settle this off the record

but I think his damages will be so great that I wouldn't be able to afford it.

Quite honestly, I'm afraid if I paid he might then proceed with insurance

anyway. If we made a contract does he forfeit his right for a claim?


Asked on 6/22/06, 2:04 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Accident, no insurance, partial liability.

A properly-written settlement agreement will put an end to your liability and will thereby prevent the other driver from getting additional money from your insurer. You will want an attorney to prepare the agreement to ensure that it is done right. Whether you are allowed to bypass the insurer like this will depend upon the language of your policy.

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Answered on 6/26/06, 8:37 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Accident, no insurance, partial liability.

If you think he may go to the insurance company, whether it is yours or his, do not settle with him now. If you are not insured, you can negotiate later with his insurance company. In addition to being able to argue about who was at fault, you can also negotiate a payment plan and negotiate down the amount of the claim. It takes some work, but the insurance company wants to get some easy money and move on with life. Do not settle if this worries you.

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Answered on 6/26/06, 11:14 pm


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