Auto Insurance Claims: Hit on Passenger rear bumper, insurance policy number, dual responsibility


Question
I was recently hit on the passenger rear bumper where it goes from 3 lanes to 2 lanes with the left lane merging over.  

There were no witnesses and the police weren't called but I have some minor scuffing from paint that couldn't be seen until I got back to my garage to inspect since it was dark.

Anyways, I believe I was positioned in the far left side of the 2nd lane having already merged over earlier into the 2nd lane that continues when I was hit.  Do I have any fault here or is there some dual responsibility?  The lady took my information but didn't take my insurance policy number while she volunteered all her info and was apologizing when I said I thought she hit me more from behind.

Answer
Hi Paul,
State laws require that you be 100% in the lane in order to have "legal control" of that lane.
Based on the wording of your question, it sounds like each of you were moving into lane #2 at the same time and neither one had 'legal control' of the lane.

On that basis, depending on your state law, each of you will be responsible for your own damage or each will owe a percentage of the other's damage if there is any way to determine what % of fault can be held against each.

Hope you find this information to be helpful.

Your feedback by rating my answer will be appreciated.

Sincerely,
Bennie
San Francisco Bay Area