Legal Question in Personal Injury in California

Need Advice regarding a car accident.

Palo Alto, CA

I was involved in a minor car accident. I was reversing my car over a curve. Another guy was reversing his car straight, and hit the door to my right (back seat). He is not admitting to any fault of his own at all. His insurance company is not accepting any liability.

My insurance company made me accept 25% of fault, his company isn't ready to pay anything.

It is obvious that other guy is also at fault and this seems unfair. What should I do?

Additional information

While backing out, the other guy didn't honk or do anything to prove that he saw me coming. I have 2 witnesses to prove this.

Also, my car was hit on the handle (rear, right side door) and his car was hit on the right side light area at the back of his car.


Asked on 10/14/10, 6:02 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

So I take it the other car was backing out of a driveway, which is a normal activity, and you were driving backwards on the street, whilch is abnormal. For at least part of the time at least a portion(s) of your car was in his blind spot. it seems reasonable to find that you were at least partly at fault. Since your carrier found you to be only 25% at fault, they do not consider it to be an at fault loss that increases your insurance and they will pay for the other driver's vehicle damage and, if you have collision coverage your damage above the deductible. You do not say what dollar amounts are involved and what you are after. You need to tell us that.

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Answered on 10/19/10, 6:34 pm

You both have insurance. Your carrier should take care of you and let the insurers duke it out.

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Answered on 10/19/10, 6:48 pm


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