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OFFICER unable to determine which party was at fault!

by Eve

I was involved in an accident on the freeway. The other driver was in the fast lane. I was in the lane next to the fast lane. At the moment of the accident I was in the other driver's blind spot. The other driver turned into my car.

My guess is that she was making a quick lane change without signaling or looking over her shoulder. She struck my car. The round tire marks from my car clearly on her car near her rear wheel make it evident that this is where the cars struck.

My rim (scratched and smeared with her paint)and tire rubbed against her car until I could not control it anymore and it veered slightly away and came back and struck her struck her car before spinning out of control and coming to a stop.

She is claiming that I ran into her. I clearly saw her car because I was in her blind spot at that moment and I obviously would not turn into another car that i could clearly see. The police report said that the officer was unable to determine fault. Basically my word against hers. I only have liability.

My insurance company wont do anything and told me to contact her insurance company. I gave her company my info and they no longer answer my phone calls when i call to inquire of the claim. My question is, "Is there any hope of showing that it was her fault? Also, What do I do if they deny my claim? and What if the other insurance company never answers my phone call?

Thanks for any answer you can give


Answer to OFFICER unable to determine which party was at fault!

Hello Eve,

I am sorry you are in this situation. Both insurance companies must make an investigation. I understand that you had only liability, but the other side is blaming you. Your carrier MUST do an investigation to who that you were not at fault. This is compounded by the fact that the officer did not credit the accident to either side.

They other insurance company will probably blame you. They have to defend their insured (this is why you want to get your insurance company involved – so they defend your side).

The good thing here is that at least your damages seem to support your version of events.

Contact your insurance company and force the investigation. If they don’t, contact the department of insurance or office of the insurance commissioner.

As always, it is very important to talk to an attorney.

I hope this helps,

Good Luck,

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