TheKevin

iTrader: (6)

sorry to hear about the accident. hope it gets resolved quickly.

silentbob

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.

link13

Good point and, since the OP described it in more detail as not directly to the back of the other car, he's got a shot at your scenario. OP, I hope this works out for you and soon.

soupdawg

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.

G Star

iTrader: (2)

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.

bigguppy

iTrader: (15)

If you just picture accident where both driver were in the same lane at one point in till the lady change lane and he continue his driving forward. Everyone does it....The lady had time (20-30 sec) to realize that OP was next to her. She did the lane change so it would be her responsibility to worry about blind spot. I would understand if he was to creep up on her from another lane. He was only going forward in his lane.


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

miss_IS300

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.

SCrollinSD

wow man no way!!! im so bummed to hear that. fight the good fight and you'll come out on top. wishin' you the best of luck.