Three car accident, who is at fault?

[tbonesteak]

Jurisdiction

New Jersey

Got involved in a 3 way car accident at an intersection. I was going straight in the right lane, another driver was behind me in the left passing lane and a third driver going in the opposite direction was making a left turn. The other driver made a turn and must have misjudged my speed and didn't get all the way through the intersection. The turning driver didn't clear the intersection completely as I was reaching it. As a result, I hit the back end of her car, nicking her car. As a result of this, my car spun slightly and the car in the passing lane on the left collided with me. It's a miracle that it wasn't worse. This lady insists it is all my fault because I should have slowed down before she fully cleared the intersection. But the fact is that I had the right of way, didn't I? It's her responsibility to make sure she judges the turn properly because it's hard to slow down in time if you don't immediately notice someone turning in front of you across oncoming traffic. Who is at fault for this car accident?

 

[adjusterjack]

The person who makes a left turn has a duty to yield to oncoming traffic. Period.

She caused the accident by not yielding. Had she yielded there wouldn't have been any accident. That's how negligence law works.

You and the other car that was traveling alongside you should be making the claim against her.

Were there any injuries?

What is her insurance company telling you?

Did you call the police to the scene? The police likely would have cited her.

 

[army judge]

Got involved in a 3 way car accident at an intersection. I was going straight in the right lane, another driver was behind me in the left passing lane and a third driver going in the opposite direction was making a left turn. The other driver made a turn and must have misjudged my speed and didn't get all the way through the intersection. The turning driver didn't clear the intersection completely as I was reaching it. As a result, I hit the back end of her car, nicking her car. As a result of this, my car spun slightly and the car in the passing lane on the left collided with me. It's a miracle that it wasn't worse. This lady insists it is all my fault because I should have slowed down before she fully cleared the intersection. But the fact is that I had the right of way, didn't I? It's her responsibility to make sure she judges the turn properly because it's hard to slow down in time if you don't immediately notice someone turning in front of you across oncoming traffic. Who is at fault for this car accident?

Only a court can determine fault, where a traffic accident is concerned.
Contrary to a common misconception, traffic citations don't determine fault, those are resolved in court.
As far as damages, repair cost, reimbursement for medical bills, an insurance company determination means nothing, INSOFAR as fault is concerned.

Fault is determined after a verdict has been rendered in civil court.

If the police weren't called to investigate your "accident", fault might never be known.

Instead of wasting cycles on the Internet, I suggest you discuss the matter with two or three personal injury lawyers in your county.

 

[Betty3]

Did you report the accident to your own ins. company - it is always best to report the accident to them even if you believe you are not at fault. Your ins. co. should contact the other party's ins. co. They will determine fault for ins. purposes.