Accident While Driving Straight in a Left Turn Lane

My question involves an injury that occurred in the state of: California

If a car is in a left turning lane that is designated for a specific residential street and decides to not turn left anymore on that street but instead go forward into a new turning lane for a different street all the while the two turning lanes are broken apart from each other with no lines connecting the two and side swipes another driver who's merging into that new turning lane who is at fault?

The person who went straight where they were supposed to turn left would normally be at fault.

Were there any markings or signs indicating the left turn lane was for left turns only?

Yes there was a left turn marking on the road then a gap in between another left turn marking lane ahead for a separate street.

If he didn't turn left at the intersection the left turn only lane was for, the driver committted a ticketable offense

who is liable for the accident will be determined by factors not presented here. The guy that should have turned is likely to be seen as responsible but just because he didn't turn he is not automatically at fault.

If the person is denying my claim with their insurance what would you suggest is mybest option in terms of getting them to be responsible for the damages they caused? Small claims? Sue them personally?

At the moment their insurance will not take care of the damages and want me to pay the deductible for my own insurance even though they were at fault.

PLEASE HELP!

If their insurance company has determined their client is not at fault, they aren't going to willingly pay you anything.

If you believe the other driver was at fault and you do not have coverage that will pay for your own damages, you are relegated to suing the other driver.

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Quoting Louie

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At the moment their insurance will not take care of the damages and want me to pay the deductible for my own insurance even though they were at fault.

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That's your opinion. They think otherwise. As JK mentioned, who is liable for the accident from an insurance standpoint would be determined by information we don't have.

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Quoting Louie

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If the person is denying my claim with their insurance what would you suggest is mybest option in terms of getting them to be responsible for the damages they caused? Small claims? Sue them personally?

At the moment their insurance will not take care of the damages and want me to pay the deductible for my own insurance even though they were at fault.

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The other driver's insurance company is not your insurance company and owes you nothing until a court of law says so and says how much.

You have collision coverage. Get your car fixed by your own insurance. That's what you pay premiums for. Pay your deductible. If your insurance company ever gets reimbursed you'll get your deductible back. If it doesn't, you won't.

The whole system is flawed. The insurance company didn't determine anything no investigation was made all their driver did was say he is denying the claim and so they stopped the whole process but even the representative who spoke with me from his insurance company told me that the street set up on google maps shows that there is a must turn left sign in the lane he was in and if the story is true then he should be at fault ! But all he has to say is no im not with no actual reasoning behind it and then the claim is dropped. FLAWED!!!

Ahhh...so you are not the person who went straight. You are the person who was hit by the person going straight.

Yes I was hit in my blind spot by a driver who went straight in a left turn only lane.

What does YOUR insurance company say about this? Do they consider you at fault or not? I suppose that out of laziness and convenience they might say they do (or that they consider you 50% at fault) - this way they don't spend time dealing with the other insurance company and get to jack up your rates. And take a hit to their reputation. If that's the case, you should press first with your company to change their decision. If they refuse, I don't know what is the process to follow - small claims court is certainly an option, but others on this forum may have other/better suggestions. OTOH if your insurance company does not consider you at fault, they should be going after the other drivers' insurance company and get them to reimburse them as well as your deductible.

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Quoting Louie

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The whole system is flawed. The insurance company didn't determine anything no investigation was made all their driver did was say he is denying the claim and so they stopped the whole process but even the representative who spoke with me from his insurance company told me that the street set up on google maps shows that there is a must turn left sign in the lane he was in and if the story is true then he should be at fault ! But all he has to say is no im not with no actual reasoning behind it and then the claim is dropped. FLAWED!!!

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that isn't true so what's on goggle is not going to help.

Just because he didn't turn where he should have he isn't automatically liable. It will be based on who actually caused the accident just like if the turn lane wasn't there. You are still charged with ensuring the lane you are pulling in to is clear.



because, well, you never know when somebody might have to go through the intersection without turning or the guy behind you swooped into the lane and started to pass you.