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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 30376
Experience:  Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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I had a rear end collision with a car that was stalled on

Customer Question

I had a rear end collision with a car that was stalled on the freeway, it was night time, I was driving within the speed limit, there were no flashers on. My insurance company tells me I am at fault...I do not agree....what can I do?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The insurance company's decision regarding fault isn't legally binding. If you believe the other driver was negligent in not turning on their flashers, or if they didn't have headlights/brake lights, and that the collision could've been avoided if any of those things were involved, then you have the ability to sue the other driver for the cost of fixing your car. To win, you have to be able to prove that they did something wrong, and that their negligent act caused the accident. Generally, this means that they had time after their car stalled to make efforts to avoid an accident. You may also have to testify that you were not breaking any laws - watching the road, driving a reasonable speed for conditions, headlights on, etc.

The Small Claims Court limit in California is $10,000. For claims that exceed that amount, you could sue in the District Court.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.