Auto Insurance Claims: An accident I dont believe I am at fault for., An accident I dont believe I am at fault for.

Question
Hello,

I was recently in a accident, at which my insurance company is putting me at fault for. I don't believe this to be true.

I was driving down a 3 lane highway in the right most lane. I was behind a dump truck at the time which limited my visibility of the traffic and vehicles around me. I went to make a lane change out from behind the truck into the center lane. There was another vehicle which had stalled and was at a complete stop in the center lane of the highway. I began to lane change in the proper manor, and when I came out from behind the truck I had no time to react at all. I hit the car on the back right side, my vehicles from left side. The damage to my vehicle was greater than the value of coarse making it a write off. I don't believe this accident is fully my fault because I had no time at all to react and did everything in my power at the time to try and avoid it. The other driver obviously made no attempt to get his vehicle off to the side of the road or even a outside lane. I would guess it to be a no fault for either parties because I do understand the other driver had no control over his vehicle dying.

Any advice is welcome.

Thanks, Jorden.

Answer
Hello Jorden,

This looks like your fault. Trying to pass a vehicle puts the responsibility on you to ensure no other vehicle or object will be on the way. The fact that you failed to see this vehicle or at least, that you only saw this vehicle when it was too late will put negligence on you. Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Your attempt to avoid is noted, and that is also your duty, however, you probably should have conserve your distance and then make the passing maneuver when it was safe to do so, the actual collision shows that you did not do that.

The vehicle that is disable has a reasonable explanation to be there (unless the vehicle was left abandoned there for several hours). He could have been stopped (not illegal BTW). IT could have been an animal, or a child.

Please see the link above for more information on how fault is determined.

Good Luck
Anne
http://www.quirogalawoffice.com/