Car Accident. Adjuster Clearly In The Wrong. Next Step?
Q: My wife was inching out of a parking lot onto a street to try and look past an obstruction, a big SUV. (Obstruction stated *twice* on police report). Prior to the parking lot the street has a slight curve, so it's hard to see cars. She got hit by someone going about 40-45 (her estimation), in a 30 Mph zone. Damage on other person's car was back door was dented in. (Impact was broadside.) Damage to our car was, bumper was completely ripped off, and was hanging by small section, cop twisted last section off. (Over 5 grand in repairs.) Here's the deal, on the police report, speed limit on that street is 30 mph. Adjuster put us 100 percent at fault. How do you rip off a fender going only 30 miles an hour. Clearly she was speeding. If she was speeding, she violated the speed law. My wife was partly at fault for pulling into oncoming traffic. But what about the obstructioins, is'nt that something the State is liabel for, no red zones?? Monday I'm gonna call her, but get the feeling she's not gonna budge. If she doenst budge what's the next step? We're located in Alameda County, California. Don't have the money for accident attorney.
A: Unfortunately, failure to yield is going to get you stuck with 100% fault every time, and the obstructed view or the other driver's speed aren't even relevant. Even if her amateur and maybe biased estimate that the other driver was 10 to 15 over were accurate, that means very little in comparison. Traffic routinely moves 10 to 15 over in most of California, and drivers have to be prepared for it. The point of contact (her front bumper, other party's rear door) sure doesn't