Ouch.... I had an Accident

[bigj3347]

<div class='quotetop'>QUOTE(IsrAmeriPrius @ Jun 26 2006, 09:07 PM) [snapback]277104[/snapback]</div>

Generally, the person making the left turn must yield the right of way to oncoming traffic, but there are exceptions to the rule.
[/b]

The lone exception in CA that i can think of is if your the first car in line to make the left and waiting halfway for opposing traffic to clear when your light turns yellow. Then you technically have the right of way but you're still supposed to make sure the intersection is clear before completing your turn. It's probably a bit late by now but I have a auto accident crash course posted on Care, maintenance and troubleshooting forum as a sticky. Good luck with your case but I seriously doubt the other party's insurance will pay for the damages, Hopefully you have collission coverage on your policy. At best, maybe you're looking at 50% liability from the other party.

[Punkinann]

In CA you definitely have to report non-injury accidents over $500 or so.
more info at dmv.ca.gov

But here's a question: if you file a police report, do you have to report the accident to your insurance company? Assuming you weren't planning to make a claim, of course.

[NuShrike]

<div class='quotetop'>QUOTE(Punkinann @ Jun 27 2006, 01:18 AM) [snapback]277270[/snapback]</div>

\But here's a question: if you file a police report, do you have to report the accident to your insurance company? Assuming you weren't planning to make a claim, of course. [/b]

You can call your insurance company and ask for advice. My experience is they won't make a report unless you ask them to simply because you have to fill them in on the details, so if you feel it's not big enough of a deal to get it on your history, then don't.

You're not required to file a report to the insurance company. Details may differ if you won't fully own your car, such as it's on lease, or rental.

[Sufferin' Prius Envy]

<div class='quotetop'>QUOTE(bigj3347 @ Jun 26 2006, 09:54 PM) [snapback]277224[/snapback]</div>

The lone exception in CA that i can think of is if your the first car in line to make the left and waiting halfway for opposing traffic to clear when your light turns yellow. Then you technically have the right of way but you're still supposed to make sure the intersection is clear before completing your turn. [/b]

NO! A yellow light does not “technically” give you the right of way! <_<
Opposing traffic may still legally enter the intersection on a yellow light.

Solid Yellow- A yellow signal light means “CAUTION.” The red signal is about to appear. When you see the yellow light, stop if you can do so safely. If you can’t stop safely, enter the intersection cautiously.
http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm

Left-Turn or U-Turn
21801. (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway,or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
(b.) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21801.htm

If you are stopped in the intersection waiting to make a left turn and the light turns red, then you have the right of way to finish your turn, because opposing traffic is required to stop and allow you to clear the intersection.

[avel]

Just to bring an international touch to this thread,

In Greece, according to the law, you have to report every crash, no matter how small.

And even if you are on a motorbike and fall down by yourself, you even have to report that too. Of course noone does that. In normal accidents, police can take from 15 minutes up to 3 hours to come on-spot.

[bigj3347]

<div class='quotetop'>QUOTE(Sufferin' Prius Envy @ Jun 27 2006, 05:15 AM) [snapback]277274[/snapback]</div>

NO! A yellow light does not “technically” give you the right of way! <_<
Opposing traffic may still legally enter the intersection on a yellow light.

Solid Yellow- A yellow signal light means “CAUTION.” The red signal is about to appear. When you see the yellow light, stop if you can do so safely. If you can’t stop safely, enter the intersection cautiously.
http://www.dmv.ca.gov/pubs/hdbk/pgs16thru17.htm

Left-Turn or U-Turn
21801. (a) The driver of a vehicle intending to turn to the left or to complete a U-turn upon a highway,or to turn left into public or private property, or an alley, shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
(b.) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may turn left or complete a U-turn, and the drivers of vehicles approaching the intersection or the entrance to the property or alley from the opposite direction shall yield the right-of-way to the turning vehicle.
http://www.dmv.ca.gov/pubs/vctop/d11/vc21801.htm

If you are stopped in the intersection waiting to make a left turn and the light turns red, then you have the right of way to finish your turn, because opposing traffic is required to stop and allow you to clear the intersection.
[/b]

I think you misunderstood my post, Notice how I stressed that still need to make sure the intersection is clear before completing your turn. Hence the "reasonable safety" clause in the vehicle code. Also note for through traffic, it says you must enter the intersection cautiously. Which implies that if there is already a vehicle halfway through in the intersection waiting to turn, you cannot enter the intersection safely.

Vehicle codes are written in ways that ultimately try to prevent accidents from occuring. The law firm I work has represented clients that were the turning vehicle who had the yellow light and made the turn and was hit. We managed to get the other party to accept liability because the other party accelerated through the intersection when the cars in all the other lanes have already stopped.

[Sufferin' Prius Envy]

<div class='quotetop'>QUOTE(bigj3347 @ Jun 27 2006, 09:26 AM) [snapback]277403[/snapback]</div>

I think you misunderstood my post, Notice how I stressed that still need to make sure the intersection is clear before completing your turn. [/b]

I don't disagree that there are cases when the opposing traffic was in the wrong, even though they still had a yellow light, were not making a turn in front of another vehicle, and made it into the intersection prior to the light turning red. For instance, (and exagerated to make the point), a car traveling 100 miles per hours in a 35MPH zone enters an intersection on a yellow and smashes into a car turning left – 100% at fault!

The law does not state or imply that you CAN NOT enter an intersection on a yellow because there is a car stopped in the intersection waiting to turn left in front of you. If that were the case, yellow lights would be known as yellow-light-demolition-derby-time or swerving-for-bucks.

The law states “When you see the yellow light, stop if you can do so safely. If you can’t stop safely, enter the intersection cautiously.” The fact that the other cars stopped in the scenario you mentioned only suggests that the opposing driver was in the wrong. What if the opposing drivers can not stop safely and is not breaking other laws, such as speeding? Are they at fault for entering the intersection on a yellow and have a left turner impede their progress? NO. Did the other driver “technically” have the right of way. No.

A yellow light does not “technically” give anyone the right of way. A yellow light is only a caution that the signal is going to turn red. It is the actions of the drivers which dictates who had the right of way, not a yellow light.