Hit While Another Driver Changes Lanes - Seemed Intentional

[Mr. Knowitall]

It occurs to me that she might be claiming that after she was almost past you, you decided to merge back into her lane and that's when the collision occurred - but if you were in that position (her blind spot) and she is telling the truth that she didn't feel a collision, that's not credible either. If she didn't know that the cars came into contact, she cannot know when they came into contact.

If the other driver's insurance was being difficult, my inclination would normally be to seek coverage through my own insurance and let them subrogate against the at-fault driver. I expect you have collision insurance on your vehicle, given its value.

[Driver in VA]

Mr. Knowitall,
so here is the story that her insurance claims:
Says we both were merging into the same lane at the same time, I was behind her.
She heard my horn therefore she backed off and went back into her lane.
She said that as she was merging to the intended lane again I struck her while I was also trying to merge again.
She says the impact occured when we were both half way between lane 3 and 4.. yes that's what she said- the accident occured while we both were between the lanes.
The insurance says they cannot prove her wrong, or me, but how is it possible for my left fender to hit her right rear wheel, if we were both in between lanes??
She denies that I was already in the 4th lane during the time of the accident. .. the damages does not match her story- I am trying to avoid a long subrogate/arbitration by convincing her insurance that her story is a blatant lie.

Any advice?

[FullAuto]

The insurance says they cannot prove her wrong, or me, but how is it possible for my left fender to hit her right rear wheel, if we were both in between lanes??

Why do you feel the physical damage shows your position in the lane? Do you believe if you were between lanes your car is unable to be hit? I don't understand why you think your position on a piece of road in relation to a painted line affects your cars ability to be in a collision.

[Mr. Knowitall]

Accident reconstructionists consider the point of impact, direction of paint scratches, and similar factors when determining how accidents occurred. Sometimes the damage will support more than one theory, other times it will not.

I don't see how the damage described could have occurred between two cars in the same lane, or moving between lanes, one in front of the other. The point of impact suggests that one car would have had to be mostly or completely in the right lane when the other merged over.

I don't expect that the other driver's insurance company is going to make this easy.

[Driver in VA]

Why do you feel the physical damage shows your position in the lane? Do you believe if you were between lanes your car is unable to be hit? I don't understand why you think your position on a piece of road in relation to a painted line affects your cars ability to be in a collision.

In the scenario provided by the other driver- she says that the accident occurred while we were both merging into the 4th lane at the same time. She also says that I was not in the 4th lane when the point of impact happened. My logic tells me that impact is not possible at the located damages unless I was already in the 4th lane when she merged.
Her story really doesn't add up- claiming that I was behind her while both were merging-then she heard my horn and moved back to her lane, but somehow she claims that the accident occurred while we were in between lanes-
Her story conflicts with her claims of
1. moving back into the 3rd lane when she heard my horn, while we were both changing into the 4th lane at the same time
2. that the accident occurred while we when she tried to merge back in - claims that I was not in the 4th lane, rather in between the lanes

Accident reconstructionists consider the point of impact, direction of paint scratches, and similar factors when determining how accidents occurred. Sometimes the damage will support more than one theory, other times it will not.

I don't see how the damage described could have occurred between two cars in the same lane, or moving between lanes, one in front of the other. The point of impact suggests that one car would have had to be mostly or completely in the right lane when the other merged over.

I don't expect that the other driver's insurance company is going to make this easy.

Thanks for the insight-- you are right, that the accident re-constructionist will see that her scratches are in the direction of her vehicle hitting me.

[Klindsey54]

This will not go to an accident resconstructionist if you do not file through your own insurance company and have them fight it out with her insurance in arbitration. If her insurance company is denying your claim, they are not going to continue going round and round about it with you personally, unless you hire an attorney. I would suggest filing through your own insurance. Tell them that her insurance has already denied your claim, and they will then get recorded statements from all parties involved. They will also get pictures of all damages to the vehicles. So you want to make sure that your insurance company gets involved as soon as possible so that they can have their own adjuster take photos of her car before she has the repairs done. Your insurance company is there to fight these battles for you, so let them do what you pay them for.