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  1. #1
    Join Date
    Apr 2013
    Posts
    13

    Default Two-Car Collision Triggered by a Third Car's Actions

    My question involves a traffic accident in the State of: California.

    carA (my car) was going in the left most lane of a freeway.
    There was this carB that merged into this freeway from right and switched 2 lanes to come into left most lane.
    I swerved to avoid it, went to the shoulder (with gravel) and tried to come back to the left most lane again, at that point my car lost controll, I spinned into the right lane, where a I hit another car (carC).
    After some time, cop showed up, took statement from all 3 of the cars and prepared a collision report.
    carB accepted that he jumped 3 lanes.
    Cop did not write any citations.
    2 cars were affected by the accident. My car - carA on the right front side and another car - carC - on the left passenger door.

    My question is, from insurance perspective, whose fault would it be?
    Would the fact that carB accepted in the police report that he jumped 3 lanes have any bearing on this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Two-Car Collision Triggered by a Third Car's Actions

    From what you have told us, as the driver of Car B has been identified and has apparently admitted driving in a potentially dangerous manner, if he admits that he cut you off or would have sideswiped you had you not gone onto the shoulder it seems likely that some fault will be attributed to him. As you chose to try to merge back into the roadway when you did not have full control of your vehicle, it seems likely that fault will also be attributed to you -- and you can expect the driver of Car B to argue that you should bear most or all of the fault based upon the fact that you could have prevented the collision by slowing or stopping rather than trying to re-enter the traffic lane when you were not in full control of your vehicle.

  3. #3
    Join Date
    Apr 2013
    Posts
    13

    Default Re: Two-Car Collision Triggered by a Third Car's Actions

    Thanks Mr.Knnowitall for taking time to read and reply to this post, appreciate it.

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