who is at fault?

If you're driving down the road...and its a 2 lane road, and you're in the far left lane, and a guy from the right makes a right turn onto the road you are driving on, and cuts across the inside lane to cut into your lane but doesnt see you....if you slam the brakes and hit his rear driver side corner with your front passenger side corner...who's at fault?

originally, he apologized and made it seem like he acknowledged it was his fault, but then at the persuasion of his passenger told the cops that he was already in the lane and that you hit him from behind....based on the damage would that story hold up?

how can i get my insurance company to realize this is not my fault, even though the other guy is saying that I rear-ended him?



Answer:

Hello

It would appear that you are not at fault – at least not 100%. The problem with this type of scenario is proving it. You are going down the road where you have the right of way. A car merging in has to yield to you. The issue turns in whether that vehicle was already established on the lane and you hit him or whether they cut you off.

What it makes matters more complicated is that the point of impact might support their position more than it supports yours. If there back bumper was hit dead center, then it is more consistent with a rear ender type of scenario. If on the other hand, the vehicle has damage to the rear side (corner), then he must have turned into you.

There is lot of theories on how to determine this, please see our section about fault:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Note: One very important thing on insurance – it is not what happened, but what you can prove happen. If the point of impact is against you, then probably only witnesses can help you sort this out.

Also talk to an attorney about this.

Good Luck

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