Help me Fight Injustice: Making Left Turn from Right and U Turn

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shadowyman

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Dear experts,

I'm fighting an injustice by myself against an insurance company.:( My car has been hit by another car which was trying to make a left turn from the right as I was entering an intersection. The road was a one way, single lane road, widening towards the intersection to accommodate two cars next to each other for left turns (though no markings). I have documenting pictures showing the other car on my right, hitting me from right front.

Last week I received a letter from his insurance company and the story obviously changed. The letter mentions he was trying to make a u-turn not a left turn contrary to what the driver stated at the time.

So as per California Vehicle Code 22100.b about making a left turn states "The approach for a left turn shall be made as close as practicable to the left-hand edge of the extreme left-hand lane or portion of the roadway lawfully available to traffic moving in the direction of travel of the vehicle and, when turning at an intersection".

So he needs to be on the extreme left side of the road. But my understanding is that to escape from this statement, they mentioned a U-turn.

22100.5 mentions about making u-turn at a controlled intersection. "No driver shall make a U-turn at an intersection controlled by official traffic control devices except from the far lefthand lane that is lawfully available to traffic moving in the direction of travel from which the turn is commenced"

So does this mean he doesn't need to be on the left *portion* of the road, since there are no lane markings on the road? The road is widening as two cars can fit next to each other right before the intersection (normally only one car can fit before intersection). I think the law doesn't include the same wording so that U-turn can be made. But can someone make a u turn from my right?

ALSO, my road (north-south) didn't have any traffic lights, yield signs or stop signs at the intersection but the other road intersecting our road had a stop sign (east-west). Does this mean an uncontrolled intersection? Does this apply to us?

ALSO, 22103 "U-Turn in Residence District" mentions "No person in a residence district shall make a Uturn when any other vehicle is approaching from either direction within 200 feet, except at an intersection when the approaching vehicle is controlled by an official traffic control device." and 22105 "Unobstructed View Necessary for U-Turn" mentions "No person shall make a U-turn upon any highway where the driver of such vehicle does not have an unobstructed view for 200 feet in both directions along the highway and of any traffic thereon." I was well within 200 feet (hence the accident), does any of these apply to me, especially the first one?

Last question, they are asserting that I tried to pass the other car which was about to turn left and didn't give him enough time to make a u turn. Do any of laws mentioned above negate this assertion?

I'm feeling all alone in this.:( So any expert advice would be greatly greatly appreciated. Also how can they prove the intention was a u-turn not left turn, since it's my word against their word.
 
I will hold off on your vehicle code questions for now....

Are you trying to handle this alone or are your insurance companies working it out? You should be letting your insurance company negotiate with theirs.

Did the other vehicle have a turn signal on when you approached?

Were there any other witnesses, either from other vehicles or passengers in either of the involved vehicles?

Did the police take a report? If so, was someone determined to be at fault. If so, who?
 
The car was from the rental company and they provide only state minimum liability insurance. It looks like they don't care and said, they were thinking I was 100% right and they would deny any claims for 50% from their side. But interestingly, the rental company still didn't try to negotiate with the other company. Hence, I'm alone in this for now and also very confused as they are not defending my rights.

The other car didn't have any signals on either but there are no witnesses or police report for the incident unfortunately.

Regarding how the accident happened: We were level as I was just entering the intersection. The other car was on my right. Then he suddenly maneuvered towards left, intersecting my straight going path.
 
As you describe it, it is quite obvious the other driver was at fault regardless if it was a left turn or a u-turn.
No need to search for applicable Vehicle Code violations. There were no citations issued and there won't be. This will be sorted out by the evidence in the damage and the locations on the roadway.
The other driver's insurance company should be covering all of this. Sometimes it takes awhile for them to sort things out. You really should not even be in the loop.
 
I can't tell for sure but did you report this accident to your own ins. company also - if not, you should.
 
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