Accident While Turning Onto a Highway in California

[spb624]

How long does one have to be stopped or disabled in the
lane to get a right of way?

California law specifies it is the responsibility of every driver
to do everything possible to avoid getting into an accident.
What is the defense of the other driver for not having done
enough to avoid the accident?

Correct.

We are going on YOUR description of the accident.

When you are NOT in your lane (e.g., changing lanes) it is always your fault.

[moburkes]

Who was on the primary and who was on the secondary? Anyone turning off a secondary has to yield to the primary.

What are you talking about?

[seniorjudge]

How long does one have to be stopped or disabled in the
lane to get a right of way?

California law specifies it is the responsibility of every driver
to do everything possible to avoid getting into an accident.
What is the defense of the other driver for not having done
enough to avoid the accident?

Obviously, you should assert every possible defense.

If you plead guilty, tell the judge it is with mitigating circumstances.

Or you could talk to the prosecutor beforehand and tell him you'd plead to a nonmoving violation. It might be a bigger fine, but you would not have a moving violation and you could save on your insurance.

[moburkes]

Obviously, you should assert every possible defense.

If you plead guilty, tell the judge it is with mitigating circumstances.

Or you could talk to the prosecutor beforehand and tell him you'd plead to a nonmoving violation. It might be a bigger fine, but you would not have a moving violation and you could save on your insurance.

Good advice, except it is not likely to save him insurance money. The 100% at fault accident will still be there.

[spb624]

In most likelihood it is likely going to be settled between my
insurance company and the personal injury attorney. Probably
never going to get to any court. My insurance company has already stated to me that they will asses a DMV point for the accident
and add a injury DMV point if a injury claim is paid. It seems to
be in the best interest of the insurance company to assess as
many points to me so they can hike my insurance premium
by a larger amount later.

There is a statement of both parties to the police officer of no
injuries. Then there is the personal injury attorney representing
the other party for injuries. We are yet to receive a claim.
Is it possible to settle for the same amount but without
the personal injury clause in the settlement? Is this possible
to do this through the insurance company adjuster?

Obviously, you should assert every possible defense.

If you plead guilty, tell the judge it is with mitigating circumstances.

Or you could talk to the prosecutor beforehand and tell him you'd plead to a nonmoving violation. It might be a bigger fine, but you would not have a moving violation and you could save on your insurance.

[spb624]

100 % fault accident with a point for 3 years seems a lot more painless
that 100 % injury fault with 2 points for 7 years. This is in the same
class as hit and run and drunk driving. All for being helplessly stopped
in the lane and watching a vehicle crash faster than 60 mph
(probably higher that the 55 mph speed limit)

Good advice, except it is not likely to save him insurance money. The 100% at fault accident will still be there.

[ZacUSNYR]

I reread the original post - trying to understand the situation better. From the previous posts/replies it sounded like the OP moved over to the right lane while a car was merging into traffic. But from rereading it - both cars were on the same road - he turned from left lane trying to leave the highway and was broadsided.

[moburkes]

100 % fault accident with a point for 3 years seems a lot more painless
that 100 % injury fault with 2 points for 7 years. This is in the same
class as hit and run and drunk driving. All for being helplessly stopped
in the lane and watching a vehicle crash faster than 60 mph
(probably higher that the 55 mph speed limit)

The insurance company has NO authority to assign you DMV points. The points on your license are based on the legal ssytem. The insurance company only has influence on how the insurance company charges the accident.

In any case, if you believe that by paying several thousands dollars, but increasing your premium by several hundred, that the insurance company is making money, I have a bridge to sell you.

[spb624]

I am just thinking aloud my options.

I wonder if the other party for can rephrase
their claim without any reference to injuries.
This would be a fault accident with 1 DMV point.

If they do put injury clauses, it seems there is
nothing for me to lose by going to court.
I do not know how good is a police witness
that was told there was no injury on the scene.

The insurance company has NO authority to assign you DMV points. The points on your license are based on the legal ssytem. The insurance company only has influence on how the insurance company charges the accident.

In any case, if you believe that by paying several thousands dollars, but increasing your premium by several hundred, that the insurance company is making money, I have a bridge to sell you.

[cdwjava]

If no police report was taken, I do not believe that any points for the collision will be assigned. Unless when the damage is reported to the DMV they somehow evaluate those self-reporting documents for "fault" (which I doubt), I cannot see that any points against your license will result.

- Carl