Auto Insurance Claims: liability, blindspot, exit lane

Question
QUESTION: Hi Richard,

I was driving on an interstate in WA in the far right lane and decided to merge one lane to the left as the car in front of me was going under the speed limit and the right lane would turn into an exit lane eventually anyways.  I checked both my mirrors, and my blind spot by looking over my shoulder.  Finding it clear,I merged and when I was 1/2-3/4 of the way into the next lane I heard/felt (did not see) the collision.  We both pulled over to the right, the other driver getting over before me (speeding?).  At first the cop thought it was a 50/50 fault where two cars merge into a lane at the same time from opposite sides.  Then, because the other driver claimed he was already in the lane I merged into, and my car was damaged between the left front paneland the left driver door (with mild scraping along the side) wheras the other drivers car was damaged in the right front headlight area, the cop decided it was my fault.  There were no witnesses. I do not believe the other driver was telling the truth.  I think he was merging from one lane to the left of the one I was merging into, otherwise how could I have already been that far into the lane, or not seen him in my lane change checks?  The cop said the other driver could have been in my blindspot, but the driver told my insurance company that he saw my blinker... and even if that were the case, wouldn't that mean he had the "last clear chance" to avoid the accident? The cop indicated that "everyone speeds on this road" and that after I checked my blindspot, the other driver due to his speed got into my  blindspot and then I potentially hit him....  I'm confused because 1. I never saw the other car (no headlights, nothing), 2. the cop indicated the other guy could have been speeding (so shouldn't that be a fault?), 3 there was no one in my blindspot when I checked, and 4. overall, things just don't add up.  What can you speculate according to the points of impact, and the details given?  

Thanks kindly,
TK

ANSWER: Hi Tara,

It likely is 50/50 liability.  Your insurance will investigate and will inspect and photo both cars. Then they will make a liability decision. In some cases it is too difficult to make an accurate assessment because both drivers tell different stories.

I hope this helps
Richard Hixenbaugh



---------- FOLLOW-UP ----------

QUESTION: Hi Again Richard,

Thanks for the reply.  Could you please elaborate a bit on why you feel it was a 50/50?  I'd like to know in your opinion which aspects contribute to it not being fully my fault.  Thanks so much.

TK

Answer
Hi Tara,

Simply based on the facts as you described them it may be considered 50/50 because the stories of both drivers conflict. You say you had a clear path at the time you started to change lanes. So either you were mistaken or the other driver was speeding. When there are conflicting stories the insurance companies will assign 50/50 liability as a compromise. Of course the final out come will be based on the recorded statements taken from each driver and which one seems to be the most truthful.

I hope this helps
Richard Hixenbaugh