Re: Passing on the Right Accident - Who is at Fault
You have to issues of "fault." One, if the police responded to take a report they will assign fault, the other being the fault assigned by the insurance companies. The police will assign fault to only ONE party while the insurance company may divide it proportionally.
In any police report this would almost certainly have been the fault of the vehicle passing you on the right. How the insurance companies might hash it out is anyone's guess.
Since you do not mention the police in this post, I am assuming you did not call them. In that case, you may have to stay in touch with your insurance representative to see how things are going to go.
A Nor Cal Police Sergeant
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