I Got Into A Car Accident Due To Someone Else Cutting Another Driver Off. Can It Be Considered My Fault?

Another driver in front of me got cut off, and I was about to exit. However, to avoid hitting that other driver that cut him off he swerved into the cut off lane I was going to and I hit him hard at around 65mph. The other driver that cut him off drove off. (Home State County Mutual Insurance Co.)

  1. 14231 POINTS
    Tom Sheehan
    Agency Owner, The Thomas G Sheehan Agency, 27 Glen Road Sandy Hook, CT 06482
    Honestly, this one sounds like it is going to be well investigated. It semms as if you were saying that the driver who was cut off swerved into the lane you already occupied. If that account can be substantiated, then it may be that the other driver might be at least partially liable.
    The best thing to do is to talk to your Insurance Professional about the terms and conditions of your policy. Further, let the Claims Professionals who are trained to investigate these matters complete their task.
    Answered on May 26, 2015
    flag this answer
  2. 37376 POINTS
    David G. Pipes, CLU®, RICP®
    Business Development Officer, T.D. McNeil Insurance Services, Fresno, California
    Claims departments hire people with extensive experience and they are able to unravel these types of accidents. The fact that the accident was the result of the erratic driving of someone who was not directly hit creates a difficult situation. Each driver is expected to keep their car under control at all times and that will probably become the overriding principle. However, a driver is not allowed to operate in an erratic manner either.
    Answered on May 26, 2015
    flag this answer
  3. 21750 POINTS
    Jim Winkler
    CEO/Owner, Winkler Financial Group, Houston, Texas
    That is a great question! I'm very sorry that you had to ask it, and I hope that you and the other driver and your passengers (if any) are okay. It sounds as if you were in a bad place at the wrong time. The insurance company will most certainly have their claims investigators look at this case. While thay will surely do their best to help out everyone involved, they will also try to ensure that everyone who had a part in the accident is shown to the insurers. Your statement said you hit him at 65mph as you "were about to exit." You may be at fault in their eyes if that is above the posted speed limit, or deemed to be too fast for conditions. If there was not a reasonable opportunity for the other driver to pull into your lane safely because of your speed or closeness to the vehicle in front of you, you may very well be legally at fault. Generally speaking, if you hit someone from behind or the backsides of the car, you are going to be found at fault, as you should have had time to react and avoid them. Generally, not always. I hope that it works out for you, and again, I'm glad no one was hurt. Thank you for asking.
    Answered on May 27, 2015
    flag this answer
  4. 447 POINTS
    Thad Bynum
    Owner/ Partner, Bynum Insurance Agency, Inc, Clayton, GA
    In Georgia, you can file under your uninsured motorist coverage if an accident is caused by someone else even if you are unsure who they are. If there is an impact with you then a police report usually suffices. Without an impact with you such as the person that cut you off then a non related unbiased witness along with the police report usually works. Of course this doesn't apply if you don't carry uninsured motorist coverage. Being able to file it this way rather than your collision coverage should help your rates by not having an at fault accident on your record.
    Answered on May 30, 2015
    flag this answer
    5. Did you find these answers helpful?
    Yes
    No
    Go!

Add Your Answer To This Question

You must be logged in to add your answer.


<< Previous Question
Questions Home
Next Question >>