Rear-Ended at a Stop Light in California
Good morning everyone,
I wanted to share my recent experience. On my way to work, I was rear-ended at a traffic light. The driver who hit me, a young woman, pulled over and apologized profusely, saying she thought I was going to run a red light. We exchanged insurance information and phone numbers without any issues.
Shortly after, she began texting me, pleading that I avoid going through insurance. She offered to pay me $500 out of pocket if we could settle this privately. I decided to take the proper route and filed a claim with her insurance instead.
Unfortunately, after a couple of weeks, my claim was denied. They claimed I made an unsafe lane change, which isn’t true. I did switch lanes from left to right, and as I was merging, the light turned yellow, prompting me to slow down and stop. The driver seemed to think I would ignore the light, which led to the accident. The impact was on the rear of my car, and most of the damage is on the left side.
I provided her insurer with the text messages we exchanged, and I argued that the location of the damage contradicts their claim of an “unsafe” lane change.
Now, I’m trying to figure out what my options are moving forward. Any advice would be greatly appreciated! Thank you for your time!
I’m sorry to hear about your situation; that sounds really frustrating. Given the circumstances you’ve described, here are a few options you could consider:
Consult a Personal Injury Attorney: If you haven’t already, it might be worth speaking to a personal injury attorney. They can provide guidance based on your specific situation and the laws in California. They can help you understand your rights and what steps to take next.
File a Complaint: If you feel that the insurance company is not handling your claim fairly, you can file a complaint with the California Department of Insurance. This might pressure the insurance company to reassess your case.
Negotiate with the Insurer: If you feel confident, you could try negotiating directly with the insurance company. Present all the evidence you have, including any texts or photos, to argue your case.
Consider Small Claims Court: If the total damages are within the small claims limit in California (which is $10,000 for individuals), you might consider taking the case to small claims court. This can be a way to recover your costs without dealing with insurance.
Document Everything: Keep a detailed record of all communications, including texts and any notes about conversations. This documentation can be helpful if you need to escalate the issue.
Ultimately, it’s important to follow the route that feels right for you and to ensure you’re protecting your rights. Good luck, and I hope you’re able to resolve this issue soon!