Being Rear Ended but still at Fault ?
Greetings:
My first post here. The facts follow.
On Nov 25, 2005 I was in a middle lane. The car that subsequently rear ended me was was in the left lane. He was several cars behind me. We were both at a stop light and both in a stopped position. We proceeded through the stop light when it turned green. At that point I put on my left hand turn signal. I proceeded through the intersection and began to merge onto an on ramp. While halfway up the on ramp, I was rear ended by the driver on my
left rear bumper.
Further facts. A cop was called. He was belligerent and advised me that this was his highway and that I was not supposed to proceed from the left lane onto the on ramp. Instead, I was supposed to stay straight on the access road. However, I was not cited for any unsafe lane change. I received no ticket. Apparently, the other driver indicated that he did not see my blinker or my merging into the on ramp. In short, I believe he was one of those drivers who purposely cut me off and then rear ended me.
I went back to the accident scene. I noted that at the stop light there was a sign before the traffic light (but not visible if you at the stop light. In other words, you pass by it). Then I noted that after the intersection there is a sign pointing drivers to the on ramp. I also noted that after the intersection
there are no solid lines but spaced lines. Then I noticed that many cars in the middle lane are merging into the on ramp.
From the onset of dealing with my insurance company (I have few accidents and no tickets. I have been with this reputable company for 30 years), I have
had difficulty with the claim adjuster understanding the facts.
Today, I was advised that I was found at fault. The other driver is also a policy holder with my insurance company.
I have now asked for a review of this decision by the claims manager.
Summary: If I was not cited for an unsafe lane change, and if I was rear-ended, am I totally at fault here. Or, am I missing something ?
Any advice would be appreciated. Note: This was a minor accident and only about $500.00 damage to my left rear plastic bumper. The other driver had no apparent damage to his vehicle.
Should I submit pictures to my insurance company.
Thanks,
Ken McDEE
My first post here. The facts follow.
On Nov 25, 2005 I was in a middle lane. The car that subsequently rear ended me was was in the left lane. He was several cars behind me. We were both at a stop light and both in a stopped position. We proceeded through the stop light when it turned green. At that point I put on my left hand turn signal. I proceeded through the intersection and began to merge onto an on ramp. While halfway up the on ramp, I was rear ended by the driver on my
left rear bumper.
Further facts. A cop was called. He was belligerent and advised me that this was his highway and that I was not supposed to proceed from the left lane onto the on ramp. Instead, I was supposed to stay straight on the access road. However, I was not cited for any unsafe lane change. I received no ticket. Apparently, the other driver indicated that he did not see my blinker or my merging into the on ramp. In short, I believe he was one of those drivers who purposely cut me off and then rear ended me.
I went back to the accident scene. I noted that at the stop light there was a sign before the traffic light (but not visible if you at the stop light. In other words, you pass by it). Then I noted that after the intersection there is a sign pointing drivers to the on ramp. I also noted that after the intersection
there are no solid lines but spaced lines. Then I noticed that many cars in the middle lane are merging into the on ramp.
From the onset of dealing with my insurance company (I have few accidents and no tickets. I have been with this reputable company for 30 years), I have
had difficulty with the claim adjuster understanding the facts.
Today, I was advised that I was found at fault. The other driver is also a policy holder with my insurance company.
I have now asked for a review of this decision by the claims manager.
Summary: If I was not cited for an unsafe lane change, and if I was rear-ended, am I totally at fault here. Or, am I missing something ?
Any advice would be appreciated. Note: This was a minor accident and only about $500.00 damage to my left rear plastic bumper. The other driver had no apparent damage to his vehicle.
Should I submit pictures to my insurance company.
Thanks,
Ken McDEE
Based solely on the facts as you gave them, you made an unsafe lane change.
You are lucky you did not get a ticket.
You are lucky you did not get a ticket.
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