What can we do if insurance is blaming my daughter but its the other person who received citation?

Ultimately if an agreement cannot be reached as to who is liable, you can take the case to court and the court will determine who was at fault.

Any lawyer who heard these facts would say the overtaking car was the car at fault. Maybe he claims she did not give a signal. That is what usually happens. You have to hear both stories and try to figure who is likely telling the truth. That is what juries do .

This is a general response to a general question and does not constitute legal advice. No attorney-client relationship is created by virtue of this general response. Generally, a vehicle approaching a left-turning vehicle from behind has a duty to refrain from passing that vehicle to the left. Passing to the right under such circumstance is generally permitted provided this can be accomplished safely. If your daughter's brake lights were functioning, her left turn indicator was working and activated, the other driver was cited by police (and there aren't any important facts left out of the scenario), my feeling is that the other party likely will be found to bear all or substantially all of the legal responsibility for causing this accident. It is possible that the other party's insurance company hasn't been provided with all the facts, and may not even know that their insured was cited by police. While I have certainly seen insurance carriers take unfounded positions on liability in the past, generally if liability for an accident is clear they should not waste the time or money arguing that issue even if their insured insists he/she wasn't at fault. Frequently, negligent drivers believe strongly that they were not negligent and the accident is the other party's fault, and may relay a factually-inaccurate story about the accident to their own insurance carrier. After all, if they had been aware of the facts in the first place, the accident likely may not have occurred! The best thing is for your daughter to contact her own insurance company so as to preserve all her rights under her insurance policy, and to discuss the case with an attorney familiar with handling accident cases in California.