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  1. #1
    Join Date
    Jul 2013
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    3

    Default Hit by Another Car While Making a U-Turn

    My question involves a traffic accident in the State of: California

    I was making a u turn on a double yellow with no oncoming traffic or a curb nearby. There was a car behind me and the car behind that car tried to pass her and hit me. There was one lane per direction, and I believe passing someone on double yellow is illegal. The other car hit the front of my car.

    Who will be at fault for this accident?

    Also the other party did not have insurance, and both the drivers license and registeration was expired. What is the best way to proceed with this?

    Thanks in advance

  2. #2
    Join Date
    Jun 2010
    Posts
    179

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    I think a u-turn on a double yellow line is also illegal. So to me it's 50%-50% as you'd both get tickets. but a court could rule otherwise. It seems to me you have two options:

    1. Call your insurance and risk your rates going up. You may have accident forgiveness or something like this depending on your record.
    2. Don't call your insurance and either pay for fixing your car yourself or drive it hit like it is.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    I agree. You made an illegal U-Turn and the other driver passed illegally.

    It's 50/50 fault.

    Your liability insurance will pay half of the other driver's damage.

    The other driver will pay for half of your damage. But with no insurance, collecting from the other driver is problematic.

    Section 21460 says you are allowed to make a U-Turn across double yellow lines if you follow the rules governing that type of turn.

    http://www.leginfo.ca.gov/cgi-bin/di...le=21450-21468

    Sections 22102 through 22105 are the rules and you appear to have violated one or more of them:

    http://www.leginfo.ca.gov/cgi-bin/di...le=22100-22113

  4. #4
    Join Date
    Sep 2012
    Posts
    1,991

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    How long ago was the accident? in california you have 10 days to report any accident with damage over $750 your license can be suspended if you don't.

    Also report to your insurance because if you don't and the other party does, and says you were to blame, who do you think will be believed?

  5. #5
    Join Date
    Jul 2013
    Posts
    3

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    I have reported it to the insurance.

    I read this on the ca drivers handbook
    http://apps.dmv.ca.gov/pubs/hdbk/turns.htm
    It states that u turns can be legal. Is this not valid in this case?

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    Quote Quoting Happyvirus
    View Post

    I read this on the ca drivers handbook
    http://apps.dmv.ca.gov/pubs/hdbk/turns.htm
    It states that u turns can be legal. Is this not valid in this case?
    Statutes trump the handbook.

    Did you read the statutes that I posted?

    Is there something about them you don't understand?

  7. #7
    Join Date
    Jul 2013
    Posts
    3

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    I was unaware that the statues were higher than the handbook. Seems only logical now.
    Thanks for clarifying.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Was Making a Uturn when a Car Behind Me Tried to Pass and Hit Me

    Statutes and handbooks also have only partial bearing on civil fault liability. Your insurer will have their own ideas of what "fault" is both for whether they will consider in your premiums and what they will voluntarily pay other drivers. If there is any contesting between the drivers, the court will be the arbiter.

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