1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

T Intersection Stop Sign; Who's at Fault

Discussion in 'Auto Accidents, Injuries' started by TBoneAccident, Jul 17, 2015.

  1. TBoneAccident

    TBoneAccident Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    So basically the street is a "T" intersection, where the private road "|" that joins the main road has a stop sign and the main road has no signs or anything. I was traveling on the main road and saw her making a left turn. Anyways, at this point it was too late to stop (she would've hit my front side) so I kept going to hopefully avoid the collision by driving past her. She ended up hitting the rear side of my vehicle.

    I followed up by getting her license plate # and phone #, but did not contact the police nor take pictures of the accident scene. In this situation, I assume she's 100% at fault, no? And if so what actions should I take next. If possible, I'd just want to deal with the repairs without insurance to avoid any accidents on my record.
     
    Last edited by a moderator: Jul 17, 2015
  2. army judge

    army judge Super Moderator

    Messages:
    34,711
    Likes Received:
    5,902
    Trophy Points:
    113

    Her story will differ vastly from yours. That's going to be problem one.
    You failed to report the incident contemporaneously with the event, and that is problem two.

    I suggest you seek the advice of a CA licensed traffic law attorney.

    If things are as you describe, the police may already be in possession of contradictory information.

    This could be an accident that has become a "hit & run".
     
  3. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Generally speaking the person making the left turn from the stop sign onto the main road with no stop sign, would be at fault. However, there could be circumstances that would affect that(your rate of speed for example.) With no police report, it's your word against hers as to what happened. You can ask her to pay for your damages and hope for the best.
     
  4. TBoneAccident

    TBoneAccident Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    She was apologizing to me so I don't think she'd try to lie about it, but if she does what should I do?
     
  5. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Call your insurance company or pay for it yourself. Chances are someone will advise her that you can't prove anything and can't make her pay, or she may just not have the money.
     
  6. army judge

    army judge Super Moderator

    Messages:
    34,711
    Likes Received:
    5,902
    Trophy Points:
    113


    LOL, that's what they all say before they get schooled on how to scam......
     
  7. TBoneAccident

    TBoneAccident Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    So what action should I take now? I texted her and she responded that she would either pay out of pocket or go to her insurance depending on how much it is. I'm getting a quote today.
     
  8. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Well hopefully she will pony up. At this point if I were you I would send her the quote and wait and see.
     
  9. TBoneAccident

    TBoneAccident Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Basically I already f'd up by not taking pictures (only have pic of her license) and not calling police so there's not much more I can do to alleviate the situation now but count on her to be honest?
     
  10. txls

    txls Well-Known Member

    Messages:
    1,963
    Likes Received:
    272
    Trophy Points:
    83

    Yep pretty much. Hope you get lucky and she is honest and responsible.
     
  11. CdwJava

    CdwJava Moderator

    Messages:
    4,388
    Likes Received:
    329
    Trophy Points:
    83

    Don't forget to report this to the DMV if the damages exceed $750 (DMV SR-1). You have 10 days to make this report. Failure to make this report could result in a license suspension.

    In theory it seems as if the other party would be at fault for the unsafe entry into traffic. But, if she doesn't pay, you may have to make that claim to your insurance company. And depending upon the time delay and the facts, your insurance company may not assist you if you delay in making the claim. Unless you have some really cheesy insurance, I doubt that a non-fault collision will count against you.
     
  12. army judge

    army judge Super Moderator

    Messages:
    34,711
    Likes Received:
    5,902
    Trophy Points:
    113

    I certainly hope for OP's sake, the other party womans up.
    However, its a rare thing for the offending party to man or woman up.
    Let's hope I'm wrong, and that all humans (at least this female human) aren't scammers, grifters, crooks, shysters, or liars.
     
  13. mightymoose

    mightymoose Moderator

    Messages:
    11,482
    Likes Received:
    2,029
    Trophy Points:
    113

    You should have gotten the other driver's insurance info. You could be making the claim direct to her insurance company. f you don't have it, ask for it.
     

Share This Page