Accident While Turning Onto a Highway in California

My questions are?
1. Can not providing insurance coverage information after
an accident be held against them?
2. My insurance wants to assess 1 point for the accident
and another point for the injury on my Driving record.
Any suggestions to defend myself from my insurance company.
3. Would it be any help to contact an attorney more than a
month after an accident?
4. Would any attorney take this case on a contingency fee basis?

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Some bacground on the accident
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I was broadsided in the right lane on 2 lane each way (4 lanes total)
55mph highway. My vehicle was almost 90 degree to the traffic
at close to zero speed waiting to make a right turn. I was
practically a disabled vehicle due to my slow speed when I
noticed the other vehicle crashing into me at faster than 55 mph.
Due to my speed there was no way for me to move.
I have reason to believe other party had sufficient time to stop
and avoid the accident.

Both parties stated no injury to an officer that arrived on the scene
shortly. Officer at scene said that other party must have insurance
because of a recent registration date. There was significant vehicle
damage to both vehicles. My vehicle has taken more than month at
the collision repair shop and is not yet ready.

I provided insurance and contact information. Other party provided
contact information but did not have insurance on person and has
still not provided insurance information after more than a month.

When my insurance tried to contact the other party for a statement,
an attorney responded that they were hired by the client
in connection with injuries sustained in the accident. Its been
more than a month and no additional communication from the
other party or their attorney.

With gross mis-interpretations from my statements my Insurance
insists it 100 % my fault for cutting into other vehicle's lane
and causing an accident. The also state that due to an attorney
on the other party, they will never get a statement from the other
side; or get to inspect damage to the other vehicle.
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If I understand what you are saying, you pulled into a traffic lane of a 55 MPH roadway, intending to turn right, and came to a near-stop perpendicular to traffic. You were then hit by a car which had right-of-way. You argue that they "should have" been able to stop because your car was slow. Apparently the police and your own insurance company disagree with your assessment.

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Quoting spb624

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1. Can not providing insurance coverage information after an accident be held against them?

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It's not relevant to causation. It is something for which a driver can be ticketed, if the officer chooses.

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Quoting spb624

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2. My insurance wants to assess 1 point for the accident and another point for the injury on my Driving record. Any suggestions to defend myself from my insurance company.

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They investigated the accident report, and that's their determination. If you don't like it, either take advantage of whatever dispute resolution options are provided in your insurance policy, or shop around for different insurance coverage.

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Quoting spb624

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3. Would it be any help to contact an attorney more than a month after an accident?

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To do what?

Quote:

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Quoting spb624

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4. Would any attorney take this case on a contingency fee basis?

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What case?

No. I was already on the right lane of the highway.
I was planning to leave the highway via a right turn
from the highway. I was at a slow or stopped speed.
My vehicle was turned almost 90 degree to the right.
My right side was facing the traffic. The right turn
would for me would be driving straight forward, except
like a disabled vehicle on the highway I had no speed
for any maneuver when the other vehicle crashed
head on onto my vehicle's right side. Due to the
size and orientation of my vehicle, it should have been
visible for quite a distance. It was a clear day.
The other vehicle either did not notice my vehicle
standing out like a sore thumb on the highway or
did not react.

I am trying to get this story across to my insurance company.
They are sticking to their version that I cut into the other
vehicle's right-of-way and caused the accident and am
100 % at fault.

I have the option of doing nothing where my insurance
company pays for all my vehicle repairs less deductable,
pays anything and everything the other party asks for,
including a possible injury claim, and my insurance just
slaps me with a DMV point for accident and another
for injury.

Both parties stated to an officer on scene that there were
no injuries possibly to avoid immediate investigation by
the officer. Now the attorney they have hired has stated
that it is representing in connection with injuries sustained
in the accident. There is a good chance that if my insurance
did not contact the other party, they might not even
have hired an attorney.

My question are?
What is the process for getting myself an attorney in this
situation?

Will my insurance company pay if I go and hire myself an
attorney. They are not in a mood yet to hire an attorney
to defend me. I may have to defend myself from my
insurance co, other's attorney and other's insurance company.

spb624

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Quoting Mr. Knowitall

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If I understand what you are saying, you pulled into a traffic lane of a 55 MPH roadway, intending to turn right, and came to a near-stop perpendicular to traffic. You were then hit by a car which had right-of-way. You argue that they "should have" been able to stop because your car was slow. Apparently the police and your own insurance company disagree with your assessment.

It's not relevant to causation. It is something for which a driver can be ticketed, if the officer chooses.

They investigated the accident report, and that's their determination. If you don't like it, either take advantage of whatever dispute resolution options are provided in your insurance policy, or shop around for different insurance coverage.

To do what?

What case?

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Quote:

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Quoting spb624

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No. I was already on the right lane of the highway. I was planning to leave the highway via a right turn from the highway. I was at a slow or stopped speed.

My vehicle was turned almost 90 degree to the right. My right side was facing the traffic.

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How is that possible, if you were turning from the correct lane?

If there was a police report, who was the party that was listed at fault by the police? And what was the code section for the PCF? (That should be found on page 2 of the collision report in the upper left hand section if the agency uses the standard CHP 555 form ... and almost all of them do.)

- Carl

That is a another big story. I was in the U-turn lane, stopped,
It was clear, I got to lane 1 very slowly and cautiously,
then I got to lane 2 very slowly and cautiously, and then
I had to straighten the vehicle on lane 1 to make
the right turn. This is when the vehicle at a distance came
and crashed onto my right side. Due to the strange orientation
of my vehicle and kerb in my front there was no safe maneuver
for me. I probably just stopped and helplessly watched the other
vehicle crash straight onto the right side of my vehicle.
The other vehicle showed no reaction, no braking or skid marks.

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Quoting aaron

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How is that possible, if you were turning from the correct lane?

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Quote:

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Quoting spb624

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That is a another big story. I was in the U-turn lane, stopped,
It was clear, I got to lane 1 very slowly and cautiously,
then I got to lane 2 very slowly and cautiously, and then
I had to straighten the vehicle on lane 1 to make
the right turn. This is when the vehicle at a distance came
and crashed onto my right side. Due to the strange orientation
of my vehicle and kerb in my front there was no safe maneuver
for me. I probably just stopped and helplessly watched the other
vehicle crash straight onto the right side of my vehicle.
The other vehicle showed no reaction, no braking or skid marks.

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It sounds like you made an unsafe lane change.

Both parties denied any injury at the time. So the police did not want
to conduct an investigation and suggested the insurance companies
take care of it. Would this incident be reported in the police files?

Of course despite the denial of injury, the other party has hired
a lawyer that claims it is representing the client for injuries
sustained in the accident. There is a good chance that if my
insurance did not contact the other party to get their side of
the story, they other party not even have hired an attorney.

Will my insurance company pay if I go and hire myself an
attorney. Should I only be hiring attorney after an approval
from my insurance company. What is the process of getting
an attorney to protect my interests.

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Quoting cdwjava

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If there was a police report, who was the party that was listed at fault by the police? And what was the code section for the PCF? (That should be found on page 2 of the collision report in the upper left hand section if the agency uses the standard CHP 555 form ... and almost all of them do.)

- Carl

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Quote:

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Quoting spb624

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Both parties denied any injury at the time. So the police did not want
to conduct an investigation and suggested the insurance companies
take care of it. Would this incident be reported in the police files?

Of course despite the denial of injury, the other party has hired
a lawyer that claims it is representing the client for injuries
sustained in the accident. There is a good chance that if my
insurance did not contact the other party to get their side of
the story, they other party not even have hired an attorney.

Will my insurance company pay if I go and hire myself an
attorney. Should I only be hiring attorney after an approval
from my insurance company. What is the process of getting
an attorney to protect my interests.

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How do you know that they "hired" a lawyer and aren't being represented by their insurance company's lawyer? No, your insurance company provides attorneys for your defense, but will not pay for an outside attorney.

The question is if the other vehicle had sufficient time to stop,
i.e. greater than 15 seconds, whose fault would it be.

What action on each caused the accident?
What could each have done to avoid the accident?
How much negligence lies in each of the parties?

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Quoting moburkes

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It sounds like you made an unsafe lane change.

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