Legal Question in Personal Injury in California

No injury auto accident - I was assigned 25% negligence for my accidence. Applying due caution should not be consider as negligence; therefore,can I get a better deal?

History:

Both party involved has the same insurance company, Geico I was crossing a six line street, Sunset. I saw a bicyclist at the corner, so I took extra caution and slowed down. I guess the other driver expected my to clear the intersection; therefore, she did not slow down and smashed on the right passenger side. I had a due responsibility to the crosswalk as she has a responsibility to have full control of her vehicle. I believe I was on the last lane before clearing the intersection. At worse, I may be crossing the 5Th lane.


Asked on 9/22/10, 6:36 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

. You can be assigned points against your record tha might increase your insurance rates only if you are at least 50%+ at fault. So no points go against your record.

I assume that the intersection was not controlled by a trafffic light or if it was that you entered on a green light and the other car then entered when the light was green for them. They have a legal duty not to enter the interesection until it is safe to do so; yo have the right to clear the intersection. I do not see any negligence on your part; you may not have operated the vehicle the best under the circumstances, but that does not mean you were negligent. When you have the legal right to do something, you can proceed doing it until it is clear that an accident might occur if you do not change your action. I think that it is a logical conclusion that you have no negligence.

Check your insurance policy to see if you must be paid your full property damages whether or not you have any fault and whether any deductible is waived when the other vehicle involved is also insured by yor company. Also, tell the adjuster that it is a clear conflict of interest for him/her to assign any percentage of negligence to you when the other vehicle is also insure by them.

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Answered on 9/27/10, 11:07 pm


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