I was recently in an accident while making a left turn across a double yellow line into a gas station. I had already made it more than halfway into the parking lot when another car suddenly turned right and hit me. My signal was on, but theirs wasn’t. The traffic light ahead of them was red, so I thought it was safe to enter the lot since they were stopped with no sign of moving.
I’m in California, where it’s legal to cross a double yellow line to enter or exit a parking lot or driveway according to CVC 21460. I filed a claim and provided my statement, but the insurance determined I was 65% at fault, saying my left turn was illegal. They claimed they “looked at a map” to make this decision.
I’m confused because they’re citing incorrect laws. I had already crossed into the parking lot when the other car hit me. The police didn’t come since it happened in the parking lot. I plan to appeal, but is it possible that the insurance rep is wrong about the traffic laws?
It’s going to be tough to win this. Left turns and rear-end collisions almost always leave you more at fault. You can try fighting it, but left turn accidents usually put you over 50% liable no matter what.
@ComplianceChris If there’s any doubt, don’t make the turn. Especially in California where rates are high, and insurers are increasing premiums or not renewing policies if you have a claim within the past three years.
@ComplianceChris A safe left turn is one where you can finish the turn without getting hit. If another car hits you while you’re turning, it means you misjudged the situation.
@ComplianceChris Did you turn across traffic that was stopped at a red light and left a gap for you to get into the gas station? And then one of those cars turned right and hit you? If so, turning left across stopped traffic is often considered unsafe, even if the other driver turned unexpectedly. It’s just one of those bad luck situations that’s hard to win.
@ComplianceChris It’s still the same reasoning with left turns across traffic. Unfortunately, it’s considered risky, and it’s tough to get out of fault in these cases.
The insurance lady didn’t explain it well, but they’re right in saying the turn wasn’t safe. It’s not illegal to cross the double yellow line to enter a parking lot, but the fact that you only “thought” it was clear doesn’t help.
Just because it’s legal doesn’t mean it’s safe. Even legal moves can cause accidents.
@White I didn’t just think it was clear, it was clear. The light was red, and the driver wasn’t moving forward. If he was going to turn into the gas station, he should have signaled. I was already in the parking lot when he turned and scraped my car.
@ComplianceChris If you were fully in the parking lot, he wouldn’t have been able to hit your passenger side. That suggests you were still in the middle of your turn.
He’s at fault for not signaling, but the law generally isn’t kind to people making left turns in these situations.
@White In defensive driving classes, they usually say that if you’re turning left, you need to be sure the road is completely clear before making the turn.
@White But I was in the parking lot! He turned into me, cutting too close with the space remaining on my right. I wasn’t on the road anymore, just on the incline into the lot.
@ComplianceChris We get it, but a jury won’t likely see you as the victim here. We’re just being realistic, and even your insurance sees it this way. It’s not personal; it’s just that left turns often end up with the left-turner being blamed more.
@ComplianceChris From this, it looks like you didn’t yield to the other driver. They had the right of way when making a right turn, even if they didn’t signal.
@ComplianceChris Nice drawing! But California Vehicle Code 21801A says a driver turning left must yield to oncoming traffic until it’s safe. Being halfway into the parking lot doesn’t count as completing the turn. If they hit you, it means you hadn’t fully cleared the lane.
