OK, it's my turn....
11-19-12, 12:03 AM
#48
I work for the insurance industry (altho in Canada) but judging from your video, and I only needed to watch it once, pretty much you're both partially at fault.
You both tried to enter a clear lane at the same time without fully checking if it was indeed safe. Next time you need to make sure the lane is actually clear before cutting out like that. He should have also seen you cut out and not cut in.
Pretty clear cut case that you both should have been more careful. Also I would have held back on the video to the adjuster, it doesn't help you in anyway other than to prove you are both at fault. Without the video it could be argued the other driver was at fault, but the video proves you were not in the lane fully before the collision occurred.
You both tried to enter a clear lane at the same time without fully checking if it was indeed safe. Next time you need to make sure the lane is actually clear before cutting out like that. He should have also seen you cut out and not cut in.
Pretty clear cut case that you both should have been more careful. Also I would have held back on the video to the adjuster, it doesn't help you in anyway other than to prove you are both at fault. Without the video it could be argued the other driver was at fault, but the video proves you were not in the lane fully before the collision occurred.
Unfortunately, I think everyone's right here. You both will be at fault, even though it seems like the other driver was being pretty negligent. From the looks of it, he was trying to jump two lanes at once, or spent too little time getting into the middle lane. But since the accident occurred when neither of you were fully in the lane, both would be at fault. Technically, you hit him. I'd be pretty mad if I were in your shoes. You did mostly everything right, but some guy decides to pop in your destination and ruin it all. 
like you said, "he was trying to jump two lanes at once" and my car is 45 degree push over from his hit, does that still means I hit him? yeah, being a good boy but ended up look like a bad boy.
thx
it's 50/50 now either his fault or both fault, will see how the insurance guy will handle
haha, that guy's face expression was pretty funny. It looks like OP is already in the lane, and I think the other driver is more at fault -- and he was going a lot faster, so he must have been behind when he switch lanes. Did you use your turn signal? A lot of times I tried to avoid going like this if there is any car behind me, unless it's 2 lanes over or way behind me, since I don't know what they're going to do.
If I was the insurance company and got my hands on this video I would say both parties were at fault. What you should have done first was act as if you had no video of the accident and see what his insurance company would have done. Because honestly, the pictures show you in your lane and he not just cut you off, but hit you clearly. But seeing the video shows you both merging about the same time, the video might be your downfall.
Sorry bro, but I wish you luck!
Sorry bro, but I wish you luck!
sure he didn't check the blind spot. Funny thing is he told me he saw the front was clear so he cut in.... but? you are not going to cut in lanes by just making sure only front is clear right?
that's what I'm going to do
To me, it looks like you were almost entirely in that lane (you were already beginning to straighted your wheels out), and then the other guy merged in, at a pretty sharp angle, and hit you. In the end, it'll probably be shared liability, but you should push for the other guy being fully at fault.
haha thx, yeah good to be safe! hate downtown SF.... bunch of pot holes or uneven road or the worst is ... road work!!! it's always there since the first day of SF...
Last edited by JasonChang; 11-19-12 at 03:10 AM.
11-19-12, 05:44 AM
#50
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I work for the insurance industry (altho in Canada) but judging from your video, and I only needed to watch it once, pretty much you're both partially at fault.
You both tried to enter a clear lane at the same time without fully checking if it was indeed safe. Next time you need to make sure the lane is actually clear before cutting out like that. He should have also seen you cut out and not cut in.
Pretty clear cut case that you both should have been more careful. Also I would have held back on the video to the adjuster, it doesn't help you in anyway other than to prove you are both at fault. Without the video it could be argued the other driver was at fault, but the video proves you were not in the lane fully before the collision occurred.
You both tried to enter a clear lane at the same time without fully checking if it was indeed safe. Next time you need to make sure the lane is actually clear before cutting out like that. He should have also seen you cut out and not cut in.
Pretty clear cut case that you both should have been more careful. Also I would have held back on the video to the adjuster, it doesn't help you in anyway other than to prove you are both at fault. Without the video it could be argued the other driver was at fault, but the video proves you were not in the lane fully before the collision occurred.
I have to disagree, when he entered the lane it was open be cause the merge of the other driver started way past the point when the IS was 90% in the lane already. If the IS was going at the same speed as the other driver, the merging of the lanes would of been completed. The difference in speed, lets the other driver see the car merging in the lane and wanted to go in front of the IS but miscalculated the speeding up process of the IS.
I would hope the insurance doesnt do 50/50 type of deal but 25/75 in the favor of the IS.
Last edited by mixa86; 11-19-12 at 06:17 AM.
11-19-12, 01:13 PM
#52
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I have to disagree, when he entered the lane it was open be cause the merge of the other driver started way past the point when the IS was 90% in the lane already. If the IS was going at the same speed as the other driver, the merging of the lanes would of been completed. The difference in speed, lets the other driver see the car merging in the lane and wanted to go in front of the IS but miscalculated the speeding up process of the IS.
I would hope the insurance doesnt do 50/50 type of deal but 25/75 in the favor of the IS.
I would hope the insurance doesnt do 50/50 type of deal but 25/75 in the favor of the IS.
But however you argue, both drivers are both partially at fault, sure one may be more than the other.
11-19-12, 01:55 PM
#53
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Not true I had friends and family had portional faults, depending on the situation. One friend had 20% his fault 80% other party, he got 20% because he was speeding even tho the other car pulled into the main road from a parking lot.
12-10-12, 11:21 AM
#54
Just got call from my insurance and told me I'm 0% reliable and he is 100% reliable! But still need to give statement to the other company since now it's still pending. Anyways, thank you all for the opinions and I wish you all Merry Christmas! Very appreciate u all's participation! And again drive safe!
12-10-12, 11:54 AM
#57
Video showed that you merged first and what looks like him attempting to cut you off. IMO it is his fault since you were already merged when he came speeding in. A lot of insurance companies are gonna call this 50/50 both drivers at fault. I was slow rolling out of a parking lot in my moms sequoia when some lady backed up into my rear passenger fender and AAA said it was 50/50 which I still don't understand til this day. Guess money was and still is the answer.
