At Fault Car Insurance Accident – Who Should Pay The Claim?
Reader question:
If I’m changing lanes and somebody in the lane I’m changing to is pulling out of a parallel parking spot, who is the at fault driver if we get into an auto accident?
Jerry
That’s a good question, Jerry.
It all depends on the timing of your little collision ballet, actually. For example, of the other car started pulling out before you started changing lanes, then that would bring one result. But if you started changing lanes before the other car began to pull out, then it would bring another. IT just goes to show how similar situations can be and how different the results are.
From the situation you describe, though, I want to say that it is most likely that the onus of the accident would be on the person who was changing lanes. The reason for this is, to begin with, that any time you collide with someone in a car insurance accident from behind, you are almost always at fault. This even applies when somebody slams on their brakes and then you run into them. The reason for this is that your car insurance company expects you to practice defensive driving techniques, which would have helped you avoid an accident.
It is also probable that if you started to change lanes and the other person started to pull out at the same time, that it would be a case of shared negligence. That way you would be considered responsible for a certain percentage of the other person’s damage, and they for a certain percentage of yours, depending on how much they are considered to be at fault in this car insurance accident. Either way, the person who ended up paying more would be the lane changer.
Cheers,
Fashun Guadarrama.
Looking For PIP Auto Insurance Coverage?
Reader question:
Hi, I’d like to know if I can give my medical bills to my own auto insurance company, where I have PIP auto insurance coverage, even if the vehicle insurance company of the at fault driver has already agreed that my medical bills will come out of the settlement that they give me?
Margeret
You should play it safe, Margeret.
I want to encourage you very much to walk on egg shells when you are dealing with an insurance company about any issue, especially when it comes to medical bills and PIP auto insurance coverage. When you are already medically covered by your own auto insurance company, but the at fault driver’s company is also ponying up money, then you are in a very hazy situation. In this case I would recommend that you hire a car accident injury lawyer to help you with your PIP auto insurance coverage claim.
When you’re hiring a lawyer, be careful of who you get. There are many who put out cheesy ads on TV but give no help at all. I can tell you from experience. Instead, either ask friends or relatives who have been in similar situations for recommendations, or you can call your state’s bar to get suggestions from them. Most lawyers who deal in this area of business are specialized, experienced, and often offer consultations for free, which would allow you to pursue your case without the worry of too much additional cost.
Cheers,
Fashun Guadarrama.
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