I turned around ( Riverside, CA ) after seeing no oncoming car. After completing the turn and was driving an SUV rear ended me. My 1994 Toyota Camry has been reached.
Before the police arrived my son and his wife arrived at the scene. When police questioned me, I could not speak. I was in shock and tears.
English is my second language and all I could do is speak Spanish. The officer was very rude and kept telling my son that he wanted me to tell him what happened.
My son told him he could talk to me because my English was limited. Since the agent was screaming, my son told him to call a supervisor.
The other driver was a 18yr n. old woman who admitted she was on the cell phone and said, " I came out of nowhere. " His insurance denied the claim and now I think my only recourse is to go to small claims court. Since the police officer wrote that he thought I was at fault what are my chances of winning in court. Please help me.
I think the cop did not fully investigate the scene. In addition, its insurance company, Western General, said they were not able to reach their policyholders. Also, my lawyer receive money if I win in small claims court, it will not help me with this.
asked Feb 29 '12 at 15:09
I 'm sorry to hear that, I hope my answer below can guide you through the process.
The police evidence against you is strong, but not the only factor a court looks at. If the police officer wrote that he believed something, he is one "belief", leaving the door open to conclusive proof.
Usually, the vehicle strikes the rear pays for the damage. Rear end a situation like this usually takes two pilots partly responsible ( you did a U-turn when there were vehicles present, the proof is the same for the accident ). But she was on her cell phone and hit your from behind.
You must file a claim with your own insurance company and have them investigate the accident. If the other insurance company says they are not at fault, they say you are, which would also mean that they can go after you for damage to their vehicle.
Talk to your insurance company and ask for an interpreter, they can also help you with that and they can guide you. If the two insurance companies disagree, they will go to arbitration to resolve the dispute.
You can choose to go to small claims court yourself, did not a lawyer and no insurance can help you ( they are not allowed in this type of procedure ). That would be you against it. Will a lawyer to get money, probably not, but that would be an arrangement that you would have to do with them.
answered Feb 29 '12 at 15:09