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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111683
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I WAS INVOLVED IN AN ACCIDENT ON 11/26/16 IN WHICH A TRACTOR

Customer Question

I WAS INVOLVED IN AN ACCIDENT ON 11/26/16 IN WHICH A TRACTOR TRAILER ATTEMPTER TO CHANGE LANES & HIT ME. THE COLLISION REPORT STATED THAT THE OTHER DRIVER STATED THAT I ATTEMPTED TO CHANGE LANES & HIT HIM. THE OFFICER CONCLUDED THAT DUE TO THE CONFLICTING STATEMENTS, HE WAS UNABLE TO DETERMINE WHO WAS AT FAULT. MY INSUANCE COMPNY DENIED MY CLAIM AS I ONLY HAD LIABILITY COVERAGE. HIS INSURANCE COMPANY DENIED MY CLAIM DUE TO THE CONCLUSION STATED IN THE COLLISION REPORT. SO I HAVE NO CHOICE BUT TO SUE IN SMALL CLAIMS COURT FOR DAMAGES. THE FACTS ARE THAT I WAS NOT ATTEMPTING TO CHANGE LANES & HIT HIM. IN FACT, I WAS PREPARING TO MOVE OVER TO THE LEFT LANE TO CONNECT TO HIGHWAY 99 & TO GET AWAY FROM THAT TRUCK AS HIS SIGNAL HAD BEEN ON FOR QUITE A WHILE. SINCE I DID NOT HAVE FULL COVERAGE & MY CAR WAS FINANCED, WILL THIS HURT MY CASE. ALSO I INTEND TO SUE FOR $5,000 & I OWE THE FINANCE COMPANY A LITTLE MORE THAN $5,000. PLEASE ADVISE AS TO HOW I SHOULD PROCEED. THANK YOU.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were preparing to move over to the left lane away from the truck this is your argument in your case in court. The fact the finance company is owed money though means that you would have to pay off the finance company. Small claims in CA allows you to sue for up to $10,000, so you need to sue for enough to cover your damages. You not having full coverage if that was required by your finance agreement would not hurt you in court, but it would hurt you in that the finance company can hold you in default of the loan and mandate full payment from you or repossess the car.
If you maintain you did not move into his lane then you need to sue in court to prove your case and get the truck company to pay your money.