Auto Insurance Claims: Rear end collision liability, independent witness, morning traffic


Question
Hello, I was involved in a rear end collision.  A woman cut into my lane (her right side) trying to not miss her exit, she cut into my lane between me and the car in front of me, (which didn't have much room since we were in early morning traffic) but before she could even fully crossed over into my lane, she slammed on the brakes, causing me to hit the back of her car. So of course, the police gives me a ticket telling me it's my fault, since I should have allowed plenty of space between our cars.  But, since she basically cut me off,and slammed on her brakes, I dont see how that could be possible.  My insurance will try to fight it of course, but I want to know if it is possible to prove that she did this, by the damage to our cars.Her car was ONLY damaged right in the middle, at the license plate, just a few scratches, and MY car was damaged in the front left side only. Basically, the way I see it, if I was following her to close and she slammed on her brakes, causing me to rear end her, then my WHOLE front end would be damaged, just not my left side.  And her car as well would have her whole bumper damaged, just not her license plate.  So basically, when she slammed on her brakes, she wasn't even fully IN my lane, she was changing into it, trying to squeeze in, then slammed on her brakes causing me to rear end her.  SO, can a adjuster tell by the damage of both our cars, to show, that she was changing lanes when she slammed on her brakes?  And then show that she was liable for the accicdent?

Answer
Hi Kim,

Unfortunately, it is not always easy to tell these things. Tey may try toclaim that the reason the damage to your car is only on the left side of the bumper is because you tried to swerve to the right to try to avoid the collision but were not able to do so in time.

The only thing that would help you in this situation is an independent witness who saw the whole thing happen. Since you did not mention a witness, I assume there are none.

Just let your insurance company do the best they can. Perhaps they can negotiate a percentage of liability to both drivers.

I hope this helps
Richard Hixenbaugh