Re: Uninsured Unregisted Motorcycle Gets Lawyer for Injuries; Cops Refused Witness St
While I can't say as to whether or not the cops actually turned them away or were too busy at the moment to get their info, but I can say that in most situations a headlight out (unless night time and pitch black) and speed are not going to be deciding factors of fault in an incident such as this.
I am assuming that the motorcycle was headed in the opposite direction you had been headed prior to you making the left turn? And, that you turned in front of them? If so, speed would be an issue if visibility was limited or if it was so extreme as to have appeared in your field of view too late for you to react. It is very rare that someone is going THAT fast. If it was dark out and the M/C had no headlight, that can certainly be a factor. If not night out, then it is irrelevant as far as determining fault.
Understand that the fault assigned by the police can only belong to ONE party. In the situation you describe, it will almost always be for the turning driver making an unsafe turn. Speed or even the headlight might be mentioned as associated factors, but the primary collision factor will generally be the driver making the left turn in a scenario as you describe.
That being said, understand that the insurance companies are not at all bound by the police report's determination of fault. They can assign fault as they see fit and even apportion fault.
You should not have to retain your own counsel as they are clearly trying to negotiate the settlement with the insurance company. But, if you wish to consult one, by all means do so.
Now the 2 people on the bike have retained a lawyer to represent them for their injuries. My insurance company has been dealing with the lawyer, but I am very concerned and am not sure if i need to retain a lawyer of my own.
Generally, it does not.
Does anyone know if driving an unregistered/uninsured car in California at all impact who is at fault?
Sucks, to be sure, but many agencies have had to make cuts and among those cuts are traffic units and the amount of time and resources agencies spend in dealing with traffic collisions since they are largely civil matters and not criminal.
I am also very unhappy about the fact that the police did such a poor job on the scene and let witnesses go. My insurance company is especially peeved about that.
A Nor Cal Police Sergeant
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... and a croissant!"
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