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Can this single vehicle accident be successfully blamed on another driver

Discussion in 'Auto Accidents, Injuries' started by Tdel, Oct 14, 2018.

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  1. Tdel

    Tdel Law Topic Starter New Member

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    Jurisdiction:
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    A lot of details. Please bear with me.

    My wife was making a u-turn from the median, she believed she had plenty of space to complete the u-turn before the next grouping of cars, but after making the u-turn realized the cars were moving much faster than she originally perceived. As she tried to gain speed, a vehicle closing in behind her in her lane attempted to pass her at his maintained speed instead of slowing down. While changing lanes, he overshot his lane, hit the median and flipped his vehicle. His vehicle made no contact with my wife's vehicle or any other vehicle.

    She pulled over in the nearest parking lot, called 911 and being in a panicked state due to seeing this happen right in front of her face, said to the operator "I think I was involved in an accident.." . After that, she waited there for 2 hours, the police left and never came to speak with her or take a statement. When she got home, she called the local police station to see if this was a mistake, and the operator said that if they needed her statement, they would have done it.

    Weeks later, she receives a call from a very large personal injury/class action firm. Their claim is that she contributed to the accident and that they want to get her insurance company involved. They ask for her insurance information, which she gives, and they ask her to give a statement, which I instruct her to decline and that she will give her statement to our insurance company. This was a few days ago, and we still have not heard back from our insurance company.

    I guess my question here is, can the responsibility of this accident be put on her?



    Also, the driver of the crashed vehicle actually came to our residence today, came in our driveway and inspected the back of our vehicle and/or took the license plate number. As I went outside to make contact with him, he just got in his vehicle and left. This means that the lawyer he is using gave him our address. Is this normal?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Same answers I gave on another site. Won't change no matter how many sites you ask it.

    Yes. I can almost guarantee it.

    She needs to report this to her insurance today. She has knowledge of a claim and her policy requires it.
     
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  3. mightymoose

    mightymoose Moderator

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    So far she seems responsible- she thought it was clear but it was not.

    Considering that she just cut off the oncoming traffic this could be a difficult argument to make.

    This driver has a responsibility to maintain control of his vehicle and could share responsibility if it is proven excessive speed or other things contributed. A thorough accident investigation should be able to estimate the speed of the vehicle when it crashed.

    Absolutely, if there is evidence to support it. Did other drivers/witnesses stop and give statements? Based on your description I would say she was the primary cause of the accident by turning into the oncoming lane when it was not clear.
     

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