TLDriver

iTrader: (4)

So just looking for some input on this guys..


The Lady who I had the accident originally was in front of me moved over to the right lane, she had been there for about 20 - 30 seconds. She was cut off by dumb person, she swerved to avoid that accident, came into the left lane where I had been since 2 miles back, I was maybe a car length behind her at the time going 35mph on a 40 mph zone because my turn was coming up, once I notice the lady was swerving into my lane I tried to stop, I didn't go any more to the left because is an island there that would have caused more damage to my car, I hit her read driver side bumper with my headlight and front bumper.

With that said... I don't see what else I could have done to avoid the accident, and don't see how it would be my fault. My insurance, the lady, and myself think the same way. Her insurance claimed that it might be part my fault. Can anyone give me any input on how that could be? or maybe share an experience similar to this? Thank you.

projectdna

iTrader: (56)

in this incident, here's the list of parties the insurance company is looking to protect:

1. themselves
2. their insured

unfortunately, you are a distant third.

personally, i'm not surprised they claimed that it might be partly your fault.

have your insurance company deal with them; that's (partly) what you have auto insurance for.

edwinbong

iTrader: (2)

talk to your agent/company. was there a police report taken?

rominl

iTrader: (4)

yeah, your best bet is to go to your insurance and let them deal with it.

jadu

iTrader: (42)

sorry to hear, but i think with insurance they give you a percentage of how was at fault.. she may be 100% at fault or 75% at fault.. i dunno how it all works..

yusef

Similar thing happened to me about a year ago.

A car hit me after swerving in to my lane because an idiot exited than decided to get back on the freeway causing the other car to swerve and hit me. The car that caused the accident took off. The Insurance companies took care of everything and basically came to the conclusion that the guy who hit me was at fault and had to pay for my damages.

So i think youre insurance might just have to pay for the ladies damages even though it wasnt your fault. :\

link13

The lady you hit will likely be determined to be 100% not at fault based on there being another driver that caused her to make a move to avoid a collision, especially if you've both stated that was the case. Without the lady who ran being involved, it's impossible to assign her any fault. Since you rear ended the woman you hit, it will probably be ruled your fault, which is the case almost 100% of the time in CA.

TLDriver

iTrader: (4)

ouch...I hate to read the comments but.. Thank you. I understand that the original person was the cause of the accident, but it's hard for me to accept that it's my fault regardless that I rear ended her. It was more a clipping then rear ending/side swipe. Now that I read how you guys see or have been threw I understand what is being said... just having a hard time accepting it. Poo... let's see what happens. I sent pictures to my insurance and her insurance. I called Allstate (my insurance) and they don't have any news for me yet. No police report was created. What is killing me it's been over a week and they have nothing yet. I would like to know what the ruling is and get it over with.

onihc

iTrader: (1)

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.

R6_Dude

Probably not a good idea to talk about what happened publicly until after the case is closed.

angmedic91

iTrader: (5)

I agree with this scenario. I believe its the person that suddenly swerved into your lane is to blame for the accident, you did your best to avoid it, she made basically an unsafe lane change. The person ultimately responsible for causing all this is the lady that took off from the scene. But she may not have realized the person she cut off ended up hitting you. Since you have insurance, let your insurance handle this, this is why we pay for insurance. I just hope you filed a police report, otherwise it's your word against the one who hit you, unless you have a witness, but based on what you described as what happened, the lady who swerved into your lane (unsafe lane change) is at fault for the accident between you and her. Good Luck.

SC400Dude

That sucks Eddie...you alright dude???

I bet it happened by your pad huh? Where the damn College is huh?

Just tell your agent what happened exactly and they'll handle it. It's clearly not your fault...well, at least in my eyes.

tromly

great advice, insurance and attorneys read these posts

TLDriver

iTrader: (4)

I am alright.. thanks for asking. I was just a little tensed after, nothing happened no airbags, nothing other then a show for the college students. It was by the house, I was just going home for lunch. I hope they say that it's not my fault. Cost of repair vs value is going to be close.

TLDriver

iTrader: (4)

why would that be? They both have recorded conversations with everything stated. They asked a lot of questions, both my insurance and her insurance did that. Maybe if they read it they will hurry up and get it done.