I've opened a claim at the beginning of this month, explaining the collision and the details, the first rep I spoke with put me automatically not at fault.
Today I get a call from 'team two' requesting the video footage from me after they had spoke with the other party.
Seems that whatever the other party said to the claims department triggered suspicion in the insurance company to reach out to me for the dash cam evidence.
I'm traveling down a four lane one way.
I'm in lane two.
The other party is in lane three.
He decides to turn left in the middle of the road.
I slam on my brakes and slide right into him.
Who do you think is at fault?
EDIT: The posted speed limit is 70km/h
I was going 60
Insurance is trying to say this is my fault.
byu/XCUZEM3_ inInsurance
Posted by XCUZEM3_
10 Comments
I don’t think YOUR insurance is trying to say you are at fault but instead the other DRIVER is saying this so your insurance opened up a new investigation in order to defend you.
The other driver made an improper turn in front of you……but what’s the posted speed limit? It seems you were traveling rather fast. Is that ice on the road?
That is crazy, the person making the left hand turn from the middle of the road is clearly at fault. It isn’t unusual for an insurance company to request video footage when available (makes the investigation a heck of a lot easier), so try not to read to much into that. In all likelihood, once they made contact with their driver, the other driver indicated a story that was in conflict with yours or feigned ignorance as to where your car came from. Either way, they are doing their due diligence by requesting the video.
You slammed on your brakes and swerved to avoid as much as you could. You were kinda pretty stuck.
I do not see how you are at fault. I also do not see anywhere in your post that insurance is trying to say you are at fault. Sounds like they are just doing a thorough investigation into the claim.
Am I correct in seeing that you’re both running a red light? Either way, I put the other driver more at fault than you, and maybe exclusively at fault.
Not that it matters all that much, but how fast were you moving? The car that was recording seems to be going about 40 km an hour just before the crash, and you seem to be flying past them. That doesn’t mean the other driver shouldn’t have yielded to you, but if you’re really cooking down that road, I could see an adjuster placing some fault on you.
Also, and again I don’t think it matters much, but the other driver was signaling that left turn for a good long while. Doesn’t mean they had the right of way to turn into your lane, but you must have been ignoring that signal or just figuring you could speed past them.
Bottom line, it seems to be the other driver’s fault, if not fully, then mostly. But I can see some arguments why you might be a little at fault.
Depending on your insurance carrier, I can see them accepting some fault. But not majority. I would imagine the argument would be you need to travel at a speed where you can control your vehicle for conditions. You clearly slide through your stop.
Therefore, some shared may apply.
#1 Is the other carrier saying you’re at fault? You didn’t specify if it’s your carrier or the other party’s carrier. #2 Why did they place you at fault? What state? I see 4 lanes with you partially going into lane one as well (I’m guessing to avoid). Are all those lanes straight only or are any of them left turn? Was the lane you’re in straight only? If you were in a straight only lane, and the other party was in a straight only lane, I see the other party being at fault because they made a left turn from a straight only lane across multiple lanes of traffic. However, it appears you start honking, and passed the cammer, way before the accident and it could make it look like you were speeding. I’m wondering if that’s why they are placing you at fault. I do see you tried to avoid by braking and even swerving.
the other party is most definitely at fault. I work in insurance and they are not saying you are at fault, but the other driver is contesting the claim so they have to do their due diligence and ask for the dash cam footage so they can dispute the other driver saying he is not at fault. which happens a lot. Even if you were speeding, he made an illegal turn into your lane. It depends what state you are in they could accept some fault on your part or they could just contest the other party and say he is totally at fault but I don’t really see that happening. I can’t see them saying that this guy wasn’t completely at fault there is no disputing that. Who is your insurance
I feel like there’s gonna be fault on both sides. If everyone was traveling at roughly the same rate of speed, you could have seen that guy in front of you trying to turn from the middle lane and slowed down to avoid him. At the same time, he shouldn’t be turning from the middle lane. I’m gonna say 70/30 on the van.
Your car basically slid 100 feet. You were driving too fast for the conditions. While he made an illegal turn, had you been driving slower and safer, you could have avoided it.
That’s why the insurance is investigating you now.
Damn how’d you get the video from driver 3?