Car hit me and Insurance will not cover costs of my car damage. CA?

I got in an accident on December 13th in California .

Other driver's insurance : Allstate.

Location : residential area

I was driving behind a driver and she pulled to the side, i thought she was going to park so I started going around her, my car was about halfway next to her vehicle when she busted a u turn and hit me.

She said she "didnt see me" and we exchanged insurance information and she said it was partly her fault and I assumed her insurance would cover my car.

so first question :

who is at fault?

I read this from the CA Dmv about illegal u turns, but not sure if it applies to my case.

"Where you cannot see clearly 200 feet in each direction because of a curve, hill, rain, fog, or other reason."

so I havent heard from all state at all, they havent gotten any statements from us .

I just got a letter today (jan 10, 2013) saying they could not cover the costs because

"The driver of your vehicle made an unsafe turning movement"

I havent spoken to them, are they just getting their drivers side of the story?

Turning movement as in going around her when she pulled to the side?

Any advice on what I should do would be greatly appreciated .

Update:

I was trying to figure out if her u turn was illegal or not .

She obviously didnt see clearly because she didnt see me but I dont know if that makes the turn illegal.

Update 2:

Thank you everyone for the useful answers and yes it is correct that I have not spoken to the all state adjuster at all .

I called her after the accident but she was on vacation until Jan 2nd. So I assumed once she was back I would get a call for a statement but just got the letter.

11 Answers

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  • Anonymous
    6 years ago
    Favorite Answer

    You haven't mentioned your own insurance company???? Have you notified them of the accident? If you do, you won't have to play detective, you won't have to worry about a turn, you won't have to figure anything out. Your insurance company will do all of that for you and they will do it all for free. If you don't have insurance, you are on your own and you haven't got a snowballs chance in hell of winning this.

    When you have insurance..... USE IT ! ! !

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  • Anonymous
    6 years ago

    Whether she or you was at fault, each one of you should prove the claim. You also need to contact your insurance company and report to them the case. However, the best solution here is to file a report and hire a lawyer for your case. It needs deeper perspective and you would need legal and expert advice from professionals who have handled related cases. Besides, initial consultation is for free so, nothing's lost in your part. At least, you will get a better understanding of the issue.

    Source(s): theledgerlawfirm.com/personal-injury/
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  • lucy
    Lv 7
    6 years ago

    Are you saying this accident happened on 12/13, but you never talked to an adjuster at Allstate, they did not have someone inspect your car, or you take to a body shop to see the damages of your car and the other car? That the only contact you have had is this letter dated 1/10? This makes no sense.........

    The correct procedure is that the adjuster will take recorded statements from both drivers, and also look at both vehicle damages to see if the statements make sense on the accident happened. Appears no police came to the scene, so just left with statements and damages.

    They are basically saying that you are at fault for this accident, thus denying your claim to pay for your damages. Now, what that means, if they believe you are fault, then the other driver will go after YOU, to pay for her damages.

    YOU need to file a claim with your insurance company, since now that they have denied, they will be looking for you to pay. It is up to the adjuster to determine who is at fault, and you need YOUR adjuster to determine if Allstate is correct or not.

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  • 6 years ago

    They're not finished with the investigation yet. So no, they're not going to agree to pay you anything... yet.

    To you, this stuff should be pretty cut and dry: The other driver did a stupid, even admitted (partial) responsibility, you've got damage, so they should pay for it, right? Makes sense enough.

    But that's not how it really happens. Insurance claims are civil court actions, just like lawsuits (because that's what they are), which means they have to go through all the painful little steps and procedures. Nothing, nothing is ever cut and dry or automatically assumed in a civil court action, especially in California. California uses this thing called "comparative negligence" as a factor in auto accidents, which drags the process out even further and longer. That's a matter of state legislation, by the way, so you can't vent your frustrations on one insurance company over it. They all have to deal with that.

    You want to notify your insurance company right away. If Allstate is denying liability for their customer in this accident, that means they're going to blame you for causing it. That's why you need to advise your insurance company. Then your insurer and Allstate can spend a fortune on lawyer's fees wrangling this out between them, and hopefully this will come out in your favour.

    Unless you know California's traffic laws and civil court procedures better than they do, and you don't, don't try to handle this on your own.

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  • Mark
    Lv 7
    6 years ago

    unless you are lying ,,, like most people do. soooo ??

    The other driver is at fault if they were making a u turn.

    But since you asked us what this means ( I read this from the CA Dmv about illegal u turns, but not sure if it applies to my case.

    "Where you cannot see clearly 200 feet in each direction because of a curve, hill, rain, fog, or other reason." )

    With no explanation , i am guessing you are leaving SOME DETAILS OUT .

    edit : you said " I was driving behind a driver and she pulled to the side, i thought she was going to park so I started going around her, my car was about halfway next to her vehicle when she busted a u turn and hit me."

    If that is what happened then CLEARLY she is at fault !

    This has nothing to do with a " legal or illegal U turn " .

    Even if it was a " legal " U turn . It would still be her fault .

    Why ? .... Because it would be her responsibilty to make sure that no cars were coming down the road when she made the U turn .

    Why ? Because you had the " right of way " traveling down the road , then she crossed your " right of way " and you hit her .

    With her making a U turn " legal or not " it is her responsibilty to make sure the path is clear of on coming cars.

    You are right and she is wrong.. As i said , even if it was a " legal " U turn . It is still her responsibilty to make sure the path is clear of oncoming cars before she made the U turn . YOU had the " right of way " It was HER responsibility to " yield " to you . YOU had the " right of way " .

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  • car253
    Lv 7
    6 years ago

    It does not matter if the U-Turn was illegal or not. When pulling from a curb or changing lanes you have to "yield the right of away to oncoming traffic". The other party did not yield the right of way. Other party is at fault for the accident.

    You need to call Allstate and explain how the accident happened. Be clear that you went around her and were to the side of her car when she pulled away from the curb and hit your car. The other driver failed to yield the right of way and wait until it was clear before pulling away from the curb and/or before re-entering traffic lanes.

    If you have auto insurance put in a claim with YOUR auto insurance company. If you have collision coverage on your auto insurance let YOUR auto insurance company fix your car. If you have no auto insurance call Allstate ASAP for them to fix to your car.

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  • 6 years ago

    You need to give a statement to them stating the facts you explained here. She was obligated to make sure she was clear of traffic (or children) in her way prior to her U-Turn. You are not at fault in my eyes. I am not judge or jury. I can give you this (1-800-255-7828) to get to Allstate Claims. Please call them and give your statement. I hope for the best for you!

    Source(s): Insurance Agent
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  • Anonymous
    6 years ago

    The best thing to do is to contact your insurance company and hire a lawyer so you will be guided. It may never be late.

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  • Mushu
    Lv 7
    6 years ago

    Call Allstate. The adjuster's info is on the letter. They'll explain their findings to you.

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  • 6 years ago

    And your insurance is who?

    Have you contacted them?

    That's the way it's supposed to be.

    They represent you and your interests.

    It is why you pay them, after all.

    In my opinion (and that's all it is) you should have been SURE of what was happening.

    I use a motorcycle as my primary transport.

    Not being sure means death or serious injury, not a dent.

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