Auto Insurance Claims: auto accident, other vehicles, yield sign

Question
QUESTION: I was in an auto accident, I was going straight and stepped on the brake to slow down for the traffic in front, suddenly this vehicle struck me from behind and another vehicle struck vehicle #2.   They both accused me of merging and the police also put me down us merging and says there's a yield sign. But I told the cops that I was going stragiht and got hit.  The damage of my vehicle was driver's side rear and the damage of vehicle #2 was right front.  I think he came too close and got distracted, couldn't stop on time and swerve the steeling and hit me.  now he's suiting me. What percentage do you think my insurance company will offer him?
will   


ANSWER: Hi Jamie,

Determining liability would require hearing a detailed statement from all parties involved. However, based on your description of the point of impact, it does sould like you were merging to the left, since you were hit on the left rear by the other vehicles right front. Your company will likely pay 100%.

I hope this helps
Richard Hixenbaugh

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

QUESTION: Dear Mr. Hixenbaugh:

Thanks for your quick reply, however, I did told my insurance company that I was going straight.  The exact point of impact should be middle rear but more toward the left side.  Even if I stick to my statement that I was going straight, my company still have to pay 100%? even if I was hit in the rear?   That's so not fair.

Answer
Hi Jamie,

If you were in fact going straight and were hit in the center rear then you would not be at fault at all and your insurance company should pay nothing to the other party. However, that is not what you said in your initial question.

This will all have to be sorted out by the claims adjuster. They will take a recorded statement from you as well as the other driver and any witnessess. Then the adjuster will make a liability decision.

Good luck.

Richard Hixenbaugh