So on the 25th of last month I got into an accident merging onto the turnpike me exit was all the way on the left and as soon as I got onto the ramp I was all the way over on the right, I checked all my mirrors, my blind spot monitors and put my turn signal on. I also had 3 passengers who were looking as well. As soon as I got into the left the side of my car was hit( driver door and fender). The woman came up to my window and started angrily banging on my window till she saw how calm I was. I asked if she was ok and she said she was, I then contacted the police department and a state trooper was sent to the scene. He asked for my license registration and proof of insurance. I gave him everything but my license( I accidentally left it at home on bathroom counter and forgot). He then went over to her car and talked to her then disappeared for about 20 minutes, came back and handed me a ticket for improper lane change/ pulling out in front of another vehicle and said we where ok to drive off( keep in mind my statement nor my passengers statements where ever taken). So investigation happens my insurance and her insurance put me at fault and now a month later I get a call from a claims investigator from her insurance saying she is trying to say she has injuries and they do not believe her. I asked what the repercussions would be and they said they wouldn’t pay her out her claim( I’m also aware she could be facing legal repercussions since insurance fraud is a crime). Is there anything I can do about me being at fault since I’m sure she probably lied to the officer as well since she is doing this? My car is still damaged and she was only going about 20mph when she hit me so it was 100% avoidable on her end as well as I was going pretty slow myself so it’s not like I sped up and pulled in front of her.
Posted by Bingdongus2001
4 Comments
The only thing you can do about the liability decision (you being at fault) is to give any evidence that supports you weren’t at fault. The passengers in your vehicle could be witnesses, unless you know them personally.
You would need new information to provide that would prove her at fault. It sounds like you were changing lanes and changed into her, which would mean she had the right of way. Unless I am not understanding it correctly.
What were the points of impact on each vehicle?
Why would you think the at fault ruling would be overturned? You were changing lanes so the onus was on you to safely complete the lane change, it sounds like you failed to see a vehicle while changing multiple lanes and collided with them.
Is there something i’m missing?
Note: I do not work on the claims side, but this one seems pretty cut and dry as far as fault is concerned.
Nope. You are at fault for the accident, based on your description of things. If you’re merging into another lane, it’s on you to ensure the lane is clear. Obviously the lane was not clear. You are trying to make the argument that you and your passengers looked and didn’t see her. But clearly she was there. You’ve also indicated in comments that your driver side door impacted her passenger side/fender. That would also seem to back up the claim that you merged into her. I mean, your story sounds like you were getting on the highway on the right, and had a very quick exit that you needed to cut across to on the left. So it kind of sounds like you got onto the highway, took a glance and thought it was clear, put on your blinker, and then tried to cut across one or more lanes of traffic to make that quick left exit. Am I misunderstanding things?
As for any claim of her lying to insurance, that’s between her and the insurance company. She could very well have been injured, even if you and the adjuster think she wasn’t. It’s not at all uncommon for symptoms of an injury to show up days after an accident. It’s up to her to show/prove that she did have injuries. It’s up to insurance to accept/deny the claim, and go after her for fraud if they can prove she’s lying. None of that has anything to do with you, nor does it affect whether or not you’re at fault in the accident.