If your an auto adjuster and your client tells you their version of events as follows:
They are in the left lane on the fly over ramp that changes you from mopac north to 183 north. There is a car in the right lane further back who speeds up and tries to get in front of them. Said car is coming up to another vehicle in their own lane and instead of breaking and just getting in the left lane behind your client they decide to cut your client off. They end up hitting clients front passenger side corner of vehicle.
Long story short, your client was hit by a vehicle who cut them off trying to get into the lane your client was in.
Now, the other driver who was involved, but is not your client, tells you this:
They’re on the ramp in the right lane and in the left lane is your client, who is further back by about a cars length. Up ahead on the ramp the left lane is closed down by cones and a sign pointing right, obviously telling vehicles to merge right. They continue on at the same speed and as they approach the spot where the left lane is completely cut off your client speeds ahead to try and get into front of them but they don’t have enough time and they end up having to break harshly and they cut over to the right sharply to get into front front of the car that is behind this driver. But when they do so they end up hitting their front corner passenger side into the back drivers side wheel well and pull the back bumper plastic off.
My question is, would you go with your client? Obviously right? But what is you are able to confirm that the left lane of the ramp was closed down at that time. Both parties said the exact same location. But only one mentioned the left lane being closed down .
Would that make a difference? Let’s just assume that the damage to both vehicles could have happened either way. There’s no video evidence. Just both parties word and the fact that the lane closed
Down.
I hope I’ve provided enough detail for anyone to be able to answer. And not been to confusing haha. Thank you 🙂
Who would you believe in this scenario/ what would you decide?
byu/InternationalBar8886 inInsurance
Posted by InternationalBar8886
5 Comments
The only thing I would ask besides to see the pictures of the damage would be, who was changing lanes? It doesn’t really matter who sped up, unless a cop is there/a witness/camera SEES the speed, you can’t prove speed, but you can prove who has the greater duty. In this case, the greater duty falls on the person changing lanes. If you can’t change lanes safety with plenty of room for you and the surrounding cars, you don’t change lanes, what I mean is, if you are trying to change lanes and someone speeds up, you slow down and get behind them, if you fail to do so and hit someone or something, that’s on you.
Unless there’s an independent witness, video of the accident, police report that shows who is at fault, this is a word vs word. Can’t prove one way or the other
My layman $0.02.
If the accident could go either way as you describe.
I say you both fix your own cars.
1. My client, you, left.out that there was road construction. What else did you leave out?
2. No video.evidence as you state.
3. No mention of a police report. Why they dont determine fault they do provide information as close to the incident as possible.
Subjective opinion..
1. Your were both probably being idiots.
2. Both of you could have either slower and gotten in behind (other driver) or you could have let them in. You were probably upset this jerk was cutting in line.
3. Were you both speeding considering its a work zone?
Lastly, not an adjuster so i dont know how they process claims.
Interested in seeing other comments.
Left lane being closed and not mentioned by one of the drivers would make a difference to me.
How many times are you going to post this?