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  1. #1

    Default Who is At Fault for an Accident While Changing Lanes

    My question involves a traffic accident in the State of: CA


    I was in an accident yesterday. I was going over an over pass going 30 (speed limit). In the middle of three lanes. I was rear ended. The car behind me hit my left rear corner of my car with the right front corner of his car. Although the two car hit in the corner I was a hit from behind (not the side impact). My guess is that this car was trying to pass me or tried to avoid hitting me by going to the left.

    The problem is they claim I was changing lanes (I learned about his a day after the accident when contacted my insurance company). I was not. The police refused to file a report they said they don't file report unless there need to be an ambulance.

    Today I need to seek medical attention.

    My questions is what is the law on this. Even if I am changing lanes (which I am not) if they hit me from behind they are still at fault, right?

    The other thing I did not like is that in the pass if the other guy is at fault I just go to the other person's insurance and file a claim. This time I reported it to my insurance. They told me that they have to do an investigation and they (my insurance company has to determined who is at fault). I am afraid my insurance company will try to sweep it under the rug and not do a good investigation and make a deal with the other company).

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: A Little Worry. Who is at Fault. if You Changed Lanes and Got Rear Ended

    Quote Quoting xmogal
    View Post
    The problem is they claim I was changing lanes (I learned about his a day after the accident when contacted my insurance company). I was not. The police refused to file a report they said they don't file report unless there need to be an ambulance.
    CA state law does not generally require law enforcement to write a collision report unless there is injury or death. And even if they HAD written a report, the insurance company would not be legally bound to agree with the officer's conclusions. Since the police can only declare ONE party at fault for the collision and insurance companies can assign some measure of shared fault, they usually do not go with the all-or-nothing assignation by the police.

    Today I need to seek medical attention.
    Get everything documented and turn it in to your insurer. THEY can go after the other driver to recover their losses if they choose. You can also make a claim to the other company for any damages to your car or your person.

    My questions is what is the law on this. Even if I am changing lanes (which I am not) if they hit me from behind they are still at fault, right?
    Not necessarily, no. If you change lanes right in front of someone, then you committed an unsafe lane change and can be held out as the party most at fault.

    The other thing I did not like is that in the pass if the other guy is at fault I just go to the other person's insurance and file a claim. This time I reported it to my insurance. They told me that they have to do an investigation and they (my insurance company has to determined who is at fault). I am afraid my insurance company will try to sweep it under the rug and not do a good investigation and make a deal with the other company).
    No matter who you turned it in to, the two companies would typically hash it out. If you gave it to the other company alone, they may decide to simply deny your claim. It is the fact that you HAVE a company to potentially advocate for you (since THEY are on the hook for the $$$) that gives you some leverage.

    Ultimately, your greatest loss here might be any deductible you have. And, depending on your coverage and the agreements made by the companies, you might be able to get that money back.

  3. #3

    Default Re: A Little Worry. Who is at Fault. if You Changed Lanes and Got Rear Ended

    This does not seem to be right. So even on a "clear cut" case like being rear ended all the guy who rear ended you have to say is that you cut in front of him. If there are no other evidence except they clearly hit you from behind (from the physical evidence) then how would the courts see it?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
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    9,170

    Default Re: A Little Worry. Who is at Fault. if You Changed Lanes and Got Rear Ended

    Quote Quoting xmogal
    View Post
    This does not seem to be right.
    Then you don't have to believe it.

    Quote Quoting xmogal
    View Post
    So even on a "clear cut" case like being rear ended all the guy who rear ended you have to say is that you cut in front of him. If there are no other evidence except they clearly hit you from behind (from the physical evidence) then how would the courts see it?
    What did you indicate in your statement to your insurer. How long where you in the lane for and how do you explain the location of the damage? One scenario would go as follows: If your claim is that you had possession of the lane and based on the location of damage, it would take an erratic movement from the other driver to have to swerve into you from the left lane into your left rear bumper and if that is the case, then he may have been reacting to something that happened in front of him, possibly besides you or to your left, so what was it that he was trying to avoid?

    Another scenario would be if you both were in the middle lane, you abruptly slowed down and he tried to pass you, so what did you abruptly slowed down for? If you've said nothing in both scenarios then your story is not making much sense and they would then refer to the other driver's story to try and ascertain facts that make sense.

    You can say whatever you want and he can say whatever he wants. The insurance companies will hash it out between them and decide who is at fault. They will also survey the damage on both vehicles and try to determine fault that way. They will notify you of their determination in writing and give you ample chance to present any evidence to the contrary.

    If you're seeking medical attention and if you had medical coverage provisions on your policy, then you should have the bills forwarded to your auto insurer, otherwise then your own medical coverage will suffice.

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