Guy ran stop sign, hit my car I was going around 20-25 mph. Afterwards he phoned me and still has not given his insurance info. Who is at fault?
Question Details:
I was doing about 20-25 mph driving straight. Out of nowhere this guy comes from my left and hits my car. He had a stop sign which he didn't stop at. I get out frustrated, I ask the guy why he didn't stop, first he said he didn't and was sorry, then he said he did for a second. Then he called over witnesses and 2 witnesses said I was going too fast and that I was at fault. I got the guy's Driver's license Number, address, license plate and name. He later one declined to give me his insurance information. He (with a family member) then called me up accusing me and denying that he was at fault.
Auto Accidents Law Answers
I am a CA lawyer. If the other driver had a stop sign and you did not, he would be at fault. If you were going too fast, as they allege, there may be an issue of comparative negligence. That would depend on circumstances. As a practical matter, the fact that he is not providing you with his insurance leads me to believe he may not have insurance. (This is speculation on my part). You need to complete an SR-1 form and file it with the DMV. Also, you need to report this matter to your own insurance company. If you are covered with collision coverage, you can get your car fixed and pay the deductible.
I also suggest that you take photographs of the intersection along with photographs of the damage to your car. If you have any injuries, you should consult a lawyer. This website has a list of lawyers so start your search here.
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