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nextlevel2b

Accident for Changing Lanes

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Last week I was getting on the I-10 going east from 19th Ave around 11:00 a.m.  There were also 2 sets of lanes going east to exit off at 7th Ave.  I was in the far right lane and had to cross over the exit lanes for 7th Ave.  I was driving between 30 to 40 mph when I started to merge into the 2nd lane.  As I always do I checked my rearview and side mirror before merging and put on my left blinker.  When I got about 3/4 of the way into the 2nd lane I suddenly felt and heard a loud noise on the lower portion of my vehicle, which by the way is a Jeep Patriot.  The jolt from the impact caused me to immediately turn my wheel back to the right, were thankfully no other cars were coming and I pulled off the road.  When I looked behind me I noticed a white vehicle behind me and a black vehicle behind the white vehicle.  When I got out of my car I didn't see any damages whatsoever so I went to the white car and checked and then the black vehicle.  The guy driving the black vehicle said he didn't have any damages either and just drove off.  I went back to the female in the white car and by then she had gotten out of car were she pointed to the damages near her right fendor on the passenger side.  She immediately started saying I crossed in front of her and she tried blowing her horn and hitting her break.  I told her I didn't see her car when I was merging and that she must have sped up or came from another lane, which she denied.  So she didn't want a police so we exchanged information.  Since there was no damage to my vehicle I wasn't planning on making a claim.  But the girl did file a claim and stated it was my fault for crossing into the lane she was already in.  My insurance company is agreeing with her and I don't think that it is fair.  I followed protocol in changing lanes properly and I don't feel liable because the white vehicle hit me.  I'm just fortunate I didn't have any damages.  Her vehicle hit mine, not in the front of my vehicle, not in the middle but right near my rear tire on the driver's side.  I am surprised that I didn't go into a spin.  I wouldn't mind sharing some blame, but certainly not all of it.  How do I defend myself from a driver's claim that it was my fault and my insurance company who feels the same?  Any statutes for changing lanes?  Any similar cases?  I do plan to fight this if sued or if my insurance company makes a final confirmation that I am responsible.  

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It sounds as if your insurance company has agreed to pay the other driver's claim.  I don't know how or why you intend to fight that.  The record of the claim will not affect your driving record.  The insurance company is entitled to pay the other driver's claim even if she was at fault to avoid litigation, regardless of fault. 

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8 hours ago, nextlevel2b said:

My insurance company is agreeing with her and I don't think that it is fair.

 

"Fair" has nothing to do with it.  It's entirely a matter of evaluating the evidence, which I assume is limited to your statement and the other driver's statement.  Since you appear to be uncertain as to what happened, if the other driver is certain, it is likely that the insurer will accept what she said.

 

 

8 hours ago, nextlevel2b said:

How do I defend myself from a driver's claim that it was my fault and my insurance company who feels the same?

 

I don't really understand the question, but you're free to call the adjuster handling the claim and try to convince him/her that you weren't 100% at fault.

 

 

8 hours ago, nextlevel2b said:

Any statutes for changing lanes?

 

I'm sure there are.

 

 

8 hours ago, nextlevel2b said:

Any similar cases?

 

This isn't the sort of thing for which case authority will be helpful.

 

 

8 hours ago, nextlevel2b said:

I do plan to fight this if sued or if my insurance company makes a final confirmation that I am responsible.

 

Fight it how?  Before answering, read your policy.

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Hi @nextlevel2b

 

Welcome to the community and thanks for posting! Sorry to hear about your car accident. Check out these resources on disputing fault in a car accident:

 

Best of luck!

The FindLaw.com Team

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17 hours ago, RetiredinVA said:

It sounds as if your insurance company has agreed to pay the other driver's claim.  I don't know how or why you intend to fight that.  The record of the claim will not affect your driving record.  The insurance company is entitled to pay the other driver's claim even if she was at fault to avoid litigation, regardless of fault. 

The claim will affect how much I have to pay in premiums and that is unfair when I don't believe my actions caused this accident.  Everyone knows insurance companies love it when they can find a reason to raise your premiums.  Knowing this why would I just accept paying more for insurance because I now have a claim on my record.  

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12 hours ago, pg1067 said:

 

"Fair" has nothing to do with it.  It's entirely a matter of evaluating the evidence, which I assume is limited to your statement and the other driver's statement.  Since you appear to be uncertain as to what happened, if the other driver is certain, it is likely that the insurer will accept what she said.

 

You are correct, it should be based on the evidence and I assert that if it is based on my word versus the other driver's, so how can they determine who is at fault?  

 

I don't really understand the question, but you're free to call the adjuster handling the claim and try to convince him/her that you weren't 100% at fault.

 

 

 

I'm sure there are.

 

 

 

This isn't the sort of thing for which case authority will be helpful.

 

 

 

Fight it how?  Before answering, read your policy.

 

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9 hours ago, nextlevel2b said:

The claim will affect how much I have to pay in premiums and that is unfair when I don't believe my actions caused this accident.  

 

Unfortunately, your actions did cause the accident. I live in Phoenix and have driven that stretch between 19th and 7th Avenues more times than I can remember. That your car was hit at your driver side rear tire means that she had control of the lane, and the right of way, and may even have been doing the 65 mph speed limit when you suddenly crossed into her lane at 30 to 40 mph without making sure that the lane was clear.

 

Just because you didn't see her doesn't mean she wasn't already there. Your allegation that she "sped up or changed lanes" isn't going to wash without witnesses.

 

I think you have to resign yourself to the fact that this one's on you and, yes, your policy will be surcharged for the accident for the next three years.

 

 

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14 hours ago, adjusterjack said:

 

Unfortunately, your actions did cause the accident. I live in Phoenix and have driven that stretch between 19th and 7th Avenues more times than I can remember. That your car was hit at your driver side rear tire means that she had control of the lane, and the right of way, and may even have been doing the 65 mph speed limit when you suddenly crossed into her lane at 30 to 40 mph without making sure that the lane was clear.

 

Just because you didn't see her doesn't mean she wasn't already there. Your allegation that she "sped up or changed lanes" isn't going to wash without witnesses.

 

I think you have to resign yourself to the fact that this one's on you and, yes, your policy will be surcharged for the accident for the next three years.

 

 

What you just stated doesn't make any sense.  The key words you just stated is "that your car was hit" meaning she did not have control of the lane or the right of way.  Again the only evidence is my word against hers and the damage to her car.  You can resign yourself to accepting a lie, not a fact, and paying higher premiums, but I won't and neither should anyone who allow insurance companies to make you pay for something you can't use without having to pay more when they have a claim against you.  How unfair is that?

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9 hours ago, nextlevel2b said:

The key words you just stated is "that your car was hit"

 

Semantics. Let me clear this up for you.

 

The "point of impact" between the two vehicles was the area of your driver side rear tire.

 

You're at fault.

 

Here's a diagram.

IMG.jpg

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On 9/28/2016 at 9:12 PM, nextlevel2b said:

Everyone knows insurance companies love it when they can find a reason to raise your premiums.

 

No, "everyone" does not know that, and I can assure you that your insurer would prefer not to pay a claim and not raise your premium over paying a claim and raising your premium.

 

 

On 9/28/2016 at 9:21 PM, nextlevel2b said:

You are correct, it should be based on the evidence and I assert that if it is based on my word versus the other driver's, so how can they determine who is at fault?

 

I already explained this:  Since you appear to be uncertain as to what happened, if the other driver is certain, it is likely that the insurer will accept what she said.  I also agree with the comments in "adjusterjack's" first response:  "That your car was hit at your driver side rear tire means that she had control of the lane, and the right of way, and may even have been doing the 65 mph speed limit when you suddenly crossed into her lane at 30 to 40 mph without making sure that the lane was clear.  [¶] Just because you didn't see her doesn't mean she wasn't already there. Your allegation that she 'sped up or changed lanes' isn't going to wash without witnesses."

 

 

10 hours ago, nextlevel2b said:

You can resign yourself to accepting a lie, not a fact, and paying higher premiums, but I won't and neither should anyone who allow insurance companies to make you pay for something you can't use without having to pay more when they have a claim against you.  How unfair is that?

 

Your insurance company has received a claim against your policy and is obligated by law to make a determination.  In order to do that, it must gather evidence and then evaluate that evidence in an effort to predict whether, if you were sued for negligence, you would be found liable.  Based on what you've posted (including the areas where you admittedly are not clear about the facts), which I assume is a condensed version of what you told your insurer, it is virtually certain that you were at least partly at fault.  Depending on what the other driver told your insurer, that conclusion probably is buttressed.  Apparently, what the other driver told your insurer, combined with what you told the insurer and any other evidence (such as photographs) caused your insurer to conclude that you were entirely at fault.  Based on what you've posted here, and recognizing that we don't know what the other driver told the insurer, that conclusion appears reasonable.  You don't have to agree, but that doesn't make it "unfair."

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