I was in an accident last week... (BMW)
#17
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Unfortunately, whoever's fault it was in the real world does not always equate to how insurance companies will see it. To some degree, it's a big negotiating process so the insurance company paying out will try to limit how much they will have to fork over. It sucks, and it's unfair, but it's the crappy world of car insurance.
#18
Lead Lap
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you can look at this in another view: since the "lady" swerved to avoid the "runner", TLdriver's insurance can claim "lady" did an unsafe lane change to avoid a "phantom car". remember, TLdriver was driving straight, in his lane, while "lady" changed into his lane, whether or not she was avoiding another car.
#19
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well for one i dont know why you drive next to someone in their blind spot. but anyways that lady will be at fault. she would have been better off just hitting the person that cut her off but instead by swerving she caused her own accident.
#20
Lexus Test Driver
iTrader: (2)
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Common sense will dictate who is at fault here. From what it seems like, you have no choice, you tried to brake and you couldn't, you thought about swerving but you'd end up on the island or even worse, on the other side of the road...that wouldn't be good. If your agent is the least bit competent, they'll take care of you.
#21
Instructor
iTrader: (15)
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OP: After reading what you have describe, it would most likely be 100% her at fault. Yours’ and her insurance company will review the picture of how the damage happen (angel of the damge, which direction it was hit, paint and dents) and base on the story told by both party. If it is a rear end clip to the side it all makes sense. At least that is what I am picturing. GL
Last edited by bigguppy; 03-19-10 at 05:30 AM.
#22
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unfortunately california vehicle code states that you must maintain a reasonable distance behind other drivers that will allow for you to react in time to avoid a collision. insurance company will argue that you didn't stay far back enough to give yourself enough time to react to the situation. although it definitely sounds as if the other lady was at fault, since it was a rear end collision you will most likely be deemed at fault per california vehicle code.
sowwee.
sowwee.
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