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Old 06-16-2016, 02:07 AM   #1
shortfused
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Default Who is at fault based on CA law?

Who is at fault ? I was in a black coupe. The insurance company determined that at I was 40% liable because I didn't come to a full stop as I was exiting the gas station. The thing is I couldn't. As I tried to slow down to a full stop, I saw the truck backing up and I hit the gas pedal to avoid the collision. You can see the my brake light at 38 seconds in. Unfortunately, it was too late. The guy backed into my car.

Again the insurance company said I was partially liable because I didn't slow down. I believe I did try to judging from the brake light. Please advise based on California laws.
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Old 06-16-2016, 11:15 AM   #2
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Default re: Who is at fault based on CA law?

If the parties cannot agree or you do not agree with the insurer, a court can examine all facts and decide.

You have offered a reason for what you did but there is no one answer as to the final assignment of blame.

If you had to move your car, or take actions, to avoid being killed or injured, that is certainly a factor strongly in your favor, but you may have to prove that that was indeed the case--and that you did everything else reasonably and correctly.
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Old 06-16-2016, 08:42 PM   #3
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Default Re: Who is at fault based on CA law?

Quote:
Originally Posted by shortfused View Post
You can see the my brake light at 38 seconds in.
I can't see anything but printed words in your post.

If you have a video of the accident, please post a link to it so we can watch it.
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Old 06-16-2016, 09:15 PM   #4
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Default Re: Who is at fault based on CA law?

Quote:
Originally Posted by adjusterjack View Post
I can't see anything but printed words in your post.

If you have a video of the accident, please post a link to it so we can watch it.
I included a youtube link of the video. I think the moderator removed it. How can I link it without moderator removing it?
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Old 06-16-2016, 09:18 PM   #5
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Default Re: Who is at fault based on CA law?

Quote:
Originally Posted by adjusterjack View Post
I can't see anything but printed words in your post.

If you have a video of the accident, please post a link to it so we can watch it.
https://www.youtube.com/watch?v=5SnJ-zvNjVM
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Old 06-16-2016, 09:19 PM   #6
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Default Re: Who is at fault based on CA law?



It will show up in about 30 to 90 minutes normally.
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Old 06-17-2016, 06:58 PM   #7
130smartchick
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Default Re: Who is at fault based on CA law?

I agree with your insurance company. You cut across that lot and exited without noticing the black truck backing up.
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Old 06-17-2016, 10:59 PM   #8
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Default Re: Who is at fault based on CA law?

I agree with the 40%, maybe more. The way you barreled out of that driveway was negligent. Yes, the guy backing up in the middle of the street made a bonehead move, but you should have stopped before exiting to make sure the way was clear. Had you been hit by anybody coming from the left, you would have been 100% at fault.
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Old 06-17-2016, 11:13 PM   #9
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Default Re: Who is at fault based on CA law?

You did not make a 90 degree exit from the lot. you cut across the incoming lane portion, which another vehicle tried to occupy at the same time unsafely. The vehicle in the road had the right of way, backing or not.
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Old 06-18-2016, 12:32 PM   #10
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Default Re: Who is at fault based on CA law?

Hmm

Not sure that video is the absolute best argument for your case.
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