Right of Way if Changing Lanes with Someone Exiting Onto the Street

[beach109]

(This was mistakenly posted in the Injury section...there were NO injuries, just property damage)

I was in an accident this morning, which completely trashed essentially the entire passenger's side of my car, and now that the shock has worn off, comes insurance & who was responsible questions. I'm in the Philadelphia, Pennsylvania suburbs now, with school and that's where the other party lives. My main residence is Delaware.

I had left my apartment, traveled up a short street that leads to the main east-west street/highway (2-lanes each way) through several towns, and leads to my university. I had just turned onto this main street, and was in the left/center lane heading east. Ahead, at the first light after turning on, I could see the light was green but also, as usual, there were cars stopped in the left lane I was in ahead--about 300 feet or so--waiting to turn left. I slowed down (was still only going 25-30 at this point) in order to stop ahead, while at the same time there was about a 2-car length opening to my right, ahead of a large truck. The other lane and all the vehicles were moving at full speed, and I put on my right signal, checked my mirrors as always, and also looked over to the right side completely because I was in front of a McDonald's, and there was a car stopped at the exit waiting to come onto the same roadway.

With still a large cushion ahead, and the car in the exit clearly stopped and waiting, I moved over to the right lane when I was pretty much directly in front of the exit area of the restaurant. Problem was, at the same time I was crossing over the middle dotted line to change lanes, the lady sitting at the exit had started to drift forward and at the moment I was fully into the lane, she/I hit my passenger's side door, and since I was in a moving lane of traffic, continued on, with her front corner effectively smashing my front door on that side largely at first (you can see the big first impact), then the friction continued down the side, ripping lower panels and such off, pushing my back door rearward, and smashing again the rear quarter. If it was clear she was coming out as I went to change lanes, I couldn't get back anyway, as another car was right about passing me on the left just as I got into the other lane.

She pulled out after I passed, and pulled back in the next lot, and I turned around to meet her. She called the police, and we waited, off in the other lot, exchanged information and made sure we were both okay. The police took the same information, asked us both individually what happened, her first, and then me, and said "You both have the same story, essentially" then went to his car to write it up, and came back to say "I can't assign fault, so your insurance companies will have to do that, and the report will be available in a day or so". So, he essentially just got the same account from both of us, and despite her saying to me it was "probably a 50/50 situation", just is leaving it up to the insurance--oh joy.

SO, my question is, given the situation, me seeing every which way, having my signal on, and seeing she was stopped and back in the exit, only to change lanes and have her front end corner drift out and into my door at the same time...who has the right of way and/or would likely be found responsible?

The issue now is, because of the age of my car, despite the show car condition and pampering (it's a classic, and I'm a collector), I only keep liability on it and not comprehensive or collision. This means, despite my filing with my insurance company (Geico) of course, it's essentially all up to me to work with her insurance company (Amica) based on her report and what I provide for information, to have my damages covered.

In speaking to both, we both seem to have given the same story, aside from the detail of me "I changed lanes when she was stopped back, then she drifted forward and hit as I was fully in the other lane" and her "I was pulling out, and he changed lanes into me". She was still largely back in the exit, and as said, the front had only inched out right as I was already crossing over, so it seemed like a not fully aware exit on her part.

The damage to her car is minimal, of course, from just hitting the corner bumper, but mine is quite heavy down the side, essentially like being t-boned, and my forward motion spreading the smashing and ripping down the entire side.

[beach109]

Any input on the legality/responsibility of my changing lanes in front of a business, and then a person stopped at the exit starting to drift out as I was signaling and crossing over, only to a hit...in PA?

I would think it's mostly clear, as to fault, but one bigger issue is simply the cop (not sure if this is overly common) stating that he can't assign fault, but rather just take what was said for the report, and let the insurance go at it.

[seniorjudge]

Your story can be boiled down to: ...I was crossing over the middle dotted line to change lanes, the lady sitting at the exit had started to drift forward and at the moment I was fully into the lane, she/I hit my passenger's side door....

I agree with the cop.

50/50

[beach109]

Your story can be boiled down to: ...I was crossing over the middle dotted line to change lanes, the lady sitting at the exit had started to drift forward and at the moment I was fully into the lane, she/I hit my passenger's side door....

I agree with the cop.

50/50

Yes, that's essentially the story. It's just, with me so clearly coming over, and my signal on, she didn't start moving until I was over into the other lane...hence, the problem.

Yet, it was still an odd one to me, as far as right of way, and if I was in 2 moving lanes of traffic, how she essentially could start to come out after I was coming over and couldn't get back. The cop never said anything to me about 50/50, only she did, as well as "probably".

I'll just have to see how it really turns out, and am still waiting on the report to be turned in, etc.