I was in a CAR accident, both parties disagree on who's fault it was. Can I take him to court?

Question

I had my first car accident 2 days ago and neither of us can decide who's fault it is. I say it's his fault and
"Bob" obviously he says it's mine.

I was driving behind Bob in one lane and he turned on his emergency lights. I stay behind him until the lane opens up and then I approach the curb to my right and continue going straight. He never turned on his directional light to turn right and never approached the curb so he can turn right. As I keep going straight Bob is still on my left side and as we approach an intersection he decides to turn right without turning on his light and without first approaching the curb. Because I was going straight I end up hitting him as he is turning right.

My car's tire rod broke and so did the headlight. His car had a dent and the paint scratched off. I have a driver's license and insurance. Bob does not have a driver's license and insurance. He says it's my fault but I disagree. It was my first accident and I was too nervous to think properly so he convinces me to exchange information and call each other later. (My mistake on not calling the police!!!)

I decide to file a police report the next day and he says he will too.

Now, depending on what the police decide, what can happen if they decide it's my fault? Can I disagree and settle it in court? NOTE: He doesn't have a license to drive.

Answer 1

With the emergency flashers going, it is almost impossible to make a signal. If there was no actual lane to the right, you were wrong to go there. Passing on the right is prohibited. Bob was at fault for sideswiping you the same as if he had sideswiped a parked car- he made an unsafe lane change and he would not have hit you had he first looked where he was going. You will need to get your insurance agent involved. That's what you pay them for. You can take anybody to court, but that may be a waste of time and energy. Start with your insurance agent, to get help in this matter, and file a police report within 10 days of the event. You may have been frustrated at being held up behind a disabled vehicle, but frustration does not change or bias the law.

Answer 2

Police DO NOT determine fault, insurance adjusters do.



If, you ever have another accident, always call the police. When the officer arrives, they take all personal information from both parties, they note the damages to each vehicle, and take a statement from both drivers of "how" the accident happened.



I do question you moving to the right, since once this guy put on his emergency lights, that usually means that the other person has car problems, and you can expect that person to either pull over to the side and park, or get off the street.



Regardless, you need to call your insurance company and file a claim. Then, your insurance will deem who is at fault. If, they find you are at fault, they pay the other driver, and if not, then they deny the claim. You don't need to sue in court, since that is the reason for insurance, they pay, or deny and if you are sued, then your insurance hires a lawyer for free.

Answer 3

This is exactly why you bought insurance, Elvis. Let them handle it, because they know what they're doing. You don't.



Actually, Bob doesn't have very much insurance at all. Insurance companies specifically exclude coverage for drivers who don't have a valid licence, it says so right in their contracts.



Based on your description, this accident would be 100% Bob's fault. But you can bet your Aunt Edna's bingo money that Bob's story won't be exactly like yours. Bob is going to say (on record) he checked behind him and looked beside him, started his turn, and you were passing him illegally and that's how it happened. In fact he's going to say "the other guy came fa-lying up out of nowhere", because that's always the story.



The police don't decide fault in an accident, even if they think they do. Fault in an accident is determined by civil law, and cops don't do civil law. Insurance companies and their lawyers do.



In the end, this will probably go 50/50, which means everyone is equally responsible for causing the accident. When handling a minor accident with conflicting accounts and no witnesses, both insurers usually just accept 50% of the liability on behalf of their customers (they're allowed to do that) and close the file. They could go to trial to settle who is at fault, but they won't. It's not worth it. It costs roughly $20K to go to trial, so only serious accidents (injury, death, etc) are worth disputing in court.



No you can't fight it in court if you're found responsible for this accident. When you bought your policy, you agreed to let the insurer do all the legal negotiating for you after an accident. You can't un-agree to that just because you don't like how it turns out.

Answer 4

Were you passing in a lane? All you say is the lane opened up. What does that mean? You've made a mistake waiting 3 days to report this. In some places you're not supposed to pass on the right except for certain circumstances.You should have been more cautious since he had his emergency flashers on. He should have signaled he was turning though and if you were passing him he can't just cut you off like that.Also it's not legal to make a right turn from a left hand lane. I think it will depend on if you were in a lane or not.

Answer 5

You can always go to court. I have been in a lot of court rooms (I’m a good guy) and I have seen things that are just hard to believe, with that in mind you may win but it sounds like you maybe the one in fault (sorry). He may have a reason for not having a license that has nothing to do with his driving. The police maybe looking for him therefore if he goes in to get a license they may put him in jail. NOTE: In short not having a driver license does not make everything your fault. Good luck…

Answer 6

You are leaving out key info. Are you driving in an actual lame or just the shoulder near the curb? If you're in an actual lane then he is 100 % liable. However, If you tried to squeeze past him then you will both be deemef liable. You for unsafe passing movement and him for failing to make his turn as close to the curb as possible. This sounds like a classic right turn squeeze in which you are both liable to some degree. Now, depending on your state; both of u could be barred fr recovery. Just let your insurance handle the claim.

Answer 7

the ONLY thing that will be looked at is who hit who. If you rear ended him, its your fault. If he changed lanes into you, its his fault. Going to court is a last option first you must report the claim to your insurance carrier. I hope you had uninsured motorist coverage. Blinkers aren't going to play a huge role because you are required to maintain control of your own vehicle.

Answer 8

You can take anybody to the court. But first of all you may contact your insurer and tell each and every thing related to the accident. They will handle it and assist you for further steps to be taken. Afterall we pay premium to the insurance company for dealing with that kind of situations.

Answer 9

The police will not decide who is at fault. Your insurance companies will decide this. Bob's insurance may not be valid as he does not have a license. You need to call your insurance company and tell them what is going on.

Answer 10

Since the guy had his flashers on, you should have EXPECTED he would be moving right, which is usually what happens.



At the same time, HE should have been more careful and should have seen you next to him.



This could have easily been avoided by experienced drivers.



As to fault, that will be decided by others.

Answer 11

Let your insurance handle this for you. They will repair your car and then go after the deadbeat who hit you. That's what you pay them to do for you.

Answer 12

Just chill.it was both mistake.opposite should not turn On suddenly.it was his mistake and you did nt keep distance from his vehicle .always keep distance keep distance then drive the car.main thing is he will be punish if you are going a lodge a police case.

Answer 13

Call your insurance company and open a claim. Opening a claim does not deem it your fault, they will do the investigation.

Answer 14

Why were his flashers on?Something is missing from this story and I'd bet you were tailgating him,starting the whole incident.

Answer 15

Its bobs fault, he changed lanes without checking it was clear first. What a wanker.

Answer 16

This is what insurance is for.



Call them

Answer 17

did u get a police report

Answer 18

You hit him,

Probably more your fault....!!