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Discussion Starter · #1 ·
Someone rear ended me today I was switching lanes to my right and then this pick up truck came up and hit me. Funny thing is his front left corner hit my right rear corner. Would this be considered my fault? He was going pretty fast and I did merge in after seeing him but I did not know he was going that fast. He did not honk. Could he have tried to swerve towards the right thus hitting my right corner? Or maybe I subconsciously turned my wheel to the left very fast when my passenger said oh ****? What could it be? Can someone help me out with this situation? thank you so much.
 

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Secret Asian Man
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Well, it appears that you didn't get any of his information judging from your post... in which case, even though it WAS technically HIS fault, you can't really do anything about it unless you got his lisence plate number and a rough description of the car, where it happened, the circumstances under which it happened. If he hit you and left, technically it is considered a hit and run, and you can file charges against him once again assuming that you got the plate numbers.... otherwise, there's not too much you can do... sorry. bout that, i've been rear-ended TWICE...
 

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Discussion Starter · #3 ·
I forgot to make clear we pulled over and exchanged information. His father came (the guy was 17 years old) and he called police but they would not come because no one was hurt. Yeah I have his license #, plate #, insurance and everything. So who's fault is it? I di dnot make a police report, should I make one tomorrow?
 

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Secret Asian Man
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Yeah, get a police report filed ASAP, and then call HIS insurance company, because in most states, its the fault of the person who hit from behind pretty much regardless...
and when the police report comes out, it should have whose fault it is on there... that's how it works here anyway...
good luck
 

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dealing with personal injuries caused by car accidents is what i do for a living. so i think i can help you out a bit.

the worst case senario is the other guy arguing that you cut into his lane which caused the damage of your description. HOWEVER, all you have to do is argue that you were in the lane already. dont even mention you changed lanes (it will only make matters worse for you). just say that when you were in the lane, you saw the guy coming very fast at you and he hit you by swerving to the right.

i'm not telling you to lie here. i'm assuming you have damage ONLY on the rear side of your car. is you have scratches on the side of your car, you may have some problem and you might not be telling the truth here.

but, just reading your story, i'm pretty sure the other guy's insurance company will accept liability.

by the way, if you or your passenger is injured in anyway, let me know. my office will help you get treatment :thumbup:

oh, forgot to mention, you dont really need to file a police report. especially with a clear cut case like this. it will only make the case take longer cuz you have to wait for the police report which could take up to two friggin months. just call your insurance company and report to them.
 

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Rule of thumb in Indiana is that the person who struck from the rear is the one at fault. For reference, my fiance was traveling down the slow lane at around 70mph in our Expedition. A guy in the left lane came into her lane just as she reached back to give something to our little boy. When she turned around she was in the guys trunk, it happened very quickly.

Because she wasn't paying attention to what was in front of her ALL THE TIME she was at fault, this could be the case in your situation as well. To expand on my example above... after the accident they were getting out of the vehicle. Most traffic had slowed and started moving around them. Some jerk decided he didn't want to wait and tried to pass around the slower moving traffic and plowed down the slow lane. Yep... he slammed in to the back of my Expedition and in turn through a guy who was standing next to the Expedition to the side of the road. There was only property damage from the first accident, everybody was alright. After that second accident there were tons of medical injuries to my fiance and the driver of the front vehicle. Of course, the last guy is now responsible for the medical damage as well as finishing off my Expedition.

Good luck.
 

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Discussion Starter · #7 ·
BEKSA said:
dealing with personal injuries caused by car accidents is what i do for a living. so i think i can help you out a bit.

the worst case senario is the other guy arguing that you cut into his lane which caused the damage of your description. HOWEVER, all you have to do is argue that you were in the lane already. dont even mention you changed lanes (it will only make matters worse for you). just say that when you were in the lane, you saw the guy coming very fast at you and he hit you by swerving to the right.

i'm not telling you to lie here. i'm assuming you have damage ONLY on the rear side of your car. is you have scratches on the side of your car, you may have some problem and you might not be telling the truth here.

but, just reading your story, i'm pretty sure the other guy's insurance company will accept liability.

by the way, if you or your passenger is injured in anyway, let me know. my office will help you get treatment :thumbup:

oh, forgot to mention, you dont really need to file a police report. especially with a clear cut case like this. it will only make the case take longer cuz you have to wait for the police report which could take up to two friggin months. just call your insurance company and report to them.
Where do you work? In your sig it says 213, I live in Santa Monica. Do you guys charge for something like this? I know for sure it wasn't my fault because well it wasn't haha. Email me or post a reply on details maybe I will arrange something so we can meet up and talk about this. Thanks:thumbup:
 

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If no one will admit fault at the scene of the accident it is only right to have the police come on scene to mediate. After the fact everyone's story can change quickly!
 

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bro get a police report asap because they are just going to put it all on you
 

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BEKSA said:
HOWEVER, all you have to do is argue that you were in the lane already. dont even mention you changed lanes (it will only make matters worse for you). just say that when you were in the lane, you saw the guy coming very fast at you and he hit you by swerving to the right.

i'm not telling you to lie here.
So, saying that you were in the lane, when you were actually changing into the lane is NOT lying. OK!!! :rolleyes:


Guys, if you were driving along and some guy changed lanes right in front of you and you rear ended them, YOU GUYS WOULD BE PISSED!

If you changed lanes and didnt look well enough to assess there was someone traveling in lane already at a speed that would cause them to rear end you, then I consider it to be your fault. (PUT YOURSELF IN THE OTHER GUY'S SHOES!)

Dude, dont lie about it. If you do, I hope someone does the same thing to you down the road. You did get rearended, but it's not like you were sitting still at a light, you changed lanes which caused the collision. (If you had looked well enough, there most likely wouldnt have been a collision) It's most likely going to be your word against his, unless there is a law saying that the person who hits from behind is at fault, but it sounds to me like there is a shared responsibility because you didnt check the lane well enough before changing lanes. IMO
 

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ScottV said:


So, saying that you were in the lane, when you were actually changing into the lane is NOT lying. OK!!! :rolleyes:


Guys, if you were driving along and some guy changed lanes right in front of you and you rear ended them, YOU GUYS WOULD BE PISSED!

If you changed lanes and didnt look well enough to assess there was someone traveling in lane already at a speed that would cause them to rear end you, then I consider it to be your fault. (PUT YOURSELF IN THE OTHER GUY'S SHOES!)

sorry kid, but you are wrong. like i said, this is what i do for a living for the past 6 friggin years so i've seen anything you can imagine. i get a new case EVERY SINGLE DAY. if you read his post CAREFULLY, he already said he was in the lane. he didnt get hit DURING the change. i'm just giving him advice how to make his statement to make it easier for him.

also, if sum one cuts you off and you rear-end him. tough s*** kid cuz it IS your fault. you can be pissed and all but too bad. life is not fair.

i've seen so many cases that makes you think it's absolutely not your fault and i agree, BUT, the law is the law and some times life is just not fair.

so anyway, SWEET TALKER, my office is in L.A. i'll send you a PM or email so check. and again, you got nothing to lose by making a police report, but that's double waste of time. no need for a police report for a case like this. WHY? cuz it doesnt make any difference. filing a police report doesn't give you any kinda advatage. it only wastes YOUR time. plus, you and the other guy will have to call your own insurance companies and make a report anyway, which is just like filing a police report. you wanna waste your time saying the same thing twice, go ahead. i persoanlly wont waste my time for a lousy police report.

so to everyone here let me tell you, if you get in an accident, just get THREE things then go home. stop wasting time at the scence and blocking the road causing friggin traffic. i just hate idiots who leave their car in the middle of the road, causing all this traffic, and exchanging info and trying to call the pigs. if no one is seriously injured, they wont come unless your willing to stand there for another hour, ok? so move your god damn cars outta the way. just get

1. license plate number first. dont even bother to go up to him to ask if he's ok? his doctor will ask him that anyway. plus, always get the plate number first cuz he might just drive away and if you file a hit-and-run and you dont have his plate number, sorry kid but the accident is your fault. well, it might not be your fault technically, but your insurance will go up. this is one of the time when life is not fair.

2. go get his driver license number.

3. get insurance info.

get these three things then GO HOME. DO NOT WASTE ANY MORE TIME THERE :thumbup:
 

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So, the lesson we have learned here is make sure you change lanes really quickly (which shouldnt be hard in our BMWs), because if you make it into the lane fast enough, no matter what speed the lane is moving next to you and you get rearended, you are ok as long as you are in the lane before you get hit. OK! :thumbup:


BEKSA: I realize that the law is most likely with SweetTalker on this one, but I'm talking from the point of view of the guy that rearended him. I'm sure there are a lot of guys here that go faster than the lane next to them and when that one person decides to change lanes without fully looking and we rearend them, we are not going to feel like it's our fault.

This whole topic is a pet peeve of mine because where I live there are a bunch of idiots that barely check the lane (and definitely dont use signals) before changing lanes. I am always having to defend against this and got screwed one time when a guy changed lanes right into me on the interstate (no time to evade) . Guy in a big Range Rover, scraped the side of my car. He came over into me, I was just riding along in MY lane. Got all the info you suggested (DID NOT call cops), reported it to his insurance company, the guy told his insurance co. I CAME INTO HIS LANE (who do you think they sided with?). So, I'm out $500 deduc. because I had to report the accident to my insurance co. to get my car fixed. That sucked!
 

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ScottV said:

This whole topic is a pet peeve of mine because where I live there are a bunch of idiots that barely check the lane (and definitely dont use signals) before changing lanes. I am always having to defend against this and got screwed one time when a guy changed lanes right into me on the interstate (no time to evade) . Guy in a big Range Rover, scraped the side of my car. He came over into me, I was just riding along in MY lane. Got all the info you suggested (DID NOT call cops), reported it to his insurance company, the guy told his insurance co. I CAME INTO HIS LANE (who do you think they sided with?). So, I'm out $500 deduc. because I had to report the accident to my insurance co. to get my car fixed. That sucked!
ahh, getting hit when the other guy was actually moving into YOUR lane. yes, these are the most disputable cases and i've seen so many cases where our client lost the case. this is also one of the cases that makes life a b****. especially those pathetic women drivers who think that a magical space will appear when they turn on the blinkers :flipoff: and they can just cut in. dumass b****es.
 
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