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Collision with driver changing lanes

Discussion in 'Auto Accidents, Injuries' started by bkbridge, Dec 13, 2012.

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  1. bkbridge

    bkbridge Law Topic Starter New Member

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    I have one more question for the people here. I was driving on a three lane road road when the driver in the car in the middle lane saw me trying to make my way to the exit on the right. I was in the outer lane. I sped up a little and had my blinker on and was moving my way into the space. He decided to speed up and not give me the room to get in. When I slowed down to try to go behind him, he did the same. I think he thought this was funny as well as his grinning friend. So finally I had my space in front and was most of the way into the lane. I think that he tried to speed up to scare me but went too far and right into my car. The accident could have been worse but he hit my passenger side door with the left side of his car. The cops came and wrote things up but most of this is my word against this idiot's word. What can I expect from this? I have a spotless record and this is the first time I've been in an accident in a long time. It's his fault but what might happen about proving who is at fault? How will insurance handle it and do they care? I hear about no fault and not sure if they won't assign fault to either side and I really don't want that to happen.
     
  2. army judge

    army judge Super Moderator

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    Fault is often not assigned, and in some states, they have no fault laws.

    When there is a dispute, as in your case, the court will determine who did what to whom.

    You can expect to win, lose, or draw.

    Twelve states and Puerto Rico have no-fault auto insurance laws.

    Florida, Michigan, New Jersey, New York and Pennsylvania have verbal thresholds.

    The other seven states: Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah, use a monetary threshold.

    Three states have a "choice" no-fault law.

    In New Jersey, Pennsylvania and Kentucky, motorists may reject the lawsuit threshold and retain the right to sue for any auto-related injury.

    I suggest you speak with your insurance company about what they expect you to do next.

    In the interim, it is never a good idea to discuss your case with anyone but your insurance company and your lawyer.
     
  3. mightymoose

    mightymoose Moderator

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    As you describe it, if fault is determined, I would expect it to land on you for an unsafe lane change.
    Had the other vehicle rear ended you fault might likely go to him, but you had a side impact as you tried to merge when it was not clear.
    A better option would have been to continue to slow down and allow the other vehicle to pass.
     
  4. bkbridge

    bkbridge Law Topic Starter New Member

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    Thank you for your advice. I am worried about what mightymoose is saying. That is the biggest problem that I have. I wonder if this person has a history of accidents and whether that would make a difference. I haven't yet spoken to my insurance company but I have a feeling that this idiot might not have valid insurance. I'll let you know what I discover. Thank you. I will have to look into the no fault issue more closely thanks to army judge.
     

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