How is fault determined in an auto accident? 4 Answers as of March 24, 2015

I was hit in my vehicle by another car. I was in the turning lane and he was attempting to cut across four lanes of traffic and ran into the front passenger side of my truck. Both vehicles were totaled and had to be towed. Police got there and I was given a ticket for no insurance. The other driver was insured. I went down to get the police report but they can't find it. So, how can I prove he is at fault?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Lack of insurance has nothing to do with liability (fault). The facts are what they are; you don't need a police report to establish the facts. However, because of no insurance, you would not be able to claim compensation for pain and suffering, only for out-of-pocket expenses.
Answer Applies to: California
Replied: 3/24/2015
James M. Chandler | James M. Chandler
I would suggest that you make an appointment with a personal injury attorney to discuss your case. They generally do not charge for first appointment.
Answer Applies to: California
Replied: 3/23/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
First, without insurance you are self-screwed out of non-economic damages. Client malpractice. Second, the report may not be ready for awhile but with the severity of your collision it would be scandalous for there not to eventually be a report. Keep inquiring as to completion/date. The report is inadmissible in evidence. Law enforcement personnel were not eyewitness(ses) to the collision. Experienced attorneys and accident re constructionists probably will reasonably agree on fault but it may take a trial and determination by arbitrator, judge, or jury to get that determination and it may be that there is some sharing of fault.
Answer Applies to: California
Replied: 3/23/2015
Law Offices of George H. Shers | George H. Shers
Were there any witnesses? Does he admit what happened? That your vehicle was struck on the right side would cause the insurance company to assume the other driver was at fault. By not having insurance, in California you are barred from collecting from the other party anything that is not out of pocket expenses, such as property damage, rental car value for the time it would reasonably take to get a replacement vehicle [you are entitled to a reasonable rental rate, not what they might cap their liability to their own insureds at], loss of income [so you can collect those three things].
Answer Applies to: California
Replied: 3/23/2015
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