zeth

Hello, please bear with me.. Pics to come soon..

Got into a small fender bender in my dd s14 with a chevy blazer. My driver side fender, bumper support, corner light was damaged and my front bumper ripped off when it made contact with her dented passenger door.



There are two lanes and a middle lane with yellow lines on both sides dedicated for left turns only for both opposing sides (see picture). I am on the right lane, merging to the left, and she is in the 'middle lane' merging to the same lane. My corner of the bumper made contact with her passenger side and she was going pretty fast, at least 20mph+. I was slowing down before merging when traffic stopped ahead but I did not see her in my rear mirrors and before I saw her merging in on the side, it was too late.

Sorry for the confusion and clarity of the story but I am stressed to know who's fault it was. Knowing the automotive industry, I did not admit fault but offered to find her a new passenger door as her vehicle was a 2001 Chevrolet Blazer, can easily find one in a friend's junkyard for no more than $100 for a shell. To make it worse, she was the unpolite type and started to blame the fault on me for hitting her and it was no use to argue back. I let her know all of my info and when I ask for her's in return, all she gave me was her VIN and her policy number.. and took my driver's license.

Really stressed, Anyone with experience or know about these situations to help determine who's at fault would be greatly appreciated.
Thanks in advance! Kenny

S2KN05

Did you take pictures or have the police take a report? In the end, the insurance company will determine fault. Just make sure to tell them all the facts. But from looking at drawing 3, I would say you were at fault because she is almost fully into the lane while you're half way.

espelirS2K

This is a civil matter--if no one admits fault it goes to court. Seems like she is not cooperating, so prepare to fight for this one.

With that said, SHE is at fault. If she was coming from a stop sign, crossing two lanes of traffic in to those dedicated middle turn lanes, and then getting in to the left lane in the way she wants to go, she has to yield to drivers already on the street. She was on a stop, you weren't. It's her job to watch for oncoming traffic when merging, or coming from a stop sign.

S2KN05

I think you're right espelirS2K.

whiteflash

I'm actually going to disagree with you, and say by the diagram shown the OP was at fault. When changing lanes you do have to pay attention to the lanes next to you, and that includes incomming traffic from other road source. By the diagram it seems that the lady was already in the lane by the OP's picture. Note: His fender went into her, in a R to L lane change. Had he already been in the lane, her fender would have went into him.

espelirS2K

Yes, but she is in the middle lane that is protected for MERGING and for TURNS.

If you get on the freeway in rush hour traffic and are MERGING on to the freeway, and you hit someone, is it the person who has already been on the freeway's fault? No, it's your fault. As someone who is merging, you have to pay attention to ALL traffic.

She is just merging from a "protected turn lane." That is also used to merge. Maybe the diagram is off? What if he was already mostly in the lane when she tried to cut in front of him? If it were me, I'd argue in court "she saw me coming, and tried to get ahead of me by speeding up (OP said she was going relatively fast to for the traffic conditions), and when I saw brake lights, I switched lanes (from right lane to left) to avoid a rear-end collision with the another driver, and when I switched lanes, the driver in question decided to come out of the protected middle turn lane, merging in to me."

ryanmatic

What Minh said. Just be curteous to the adjuster that you speak to, provide all the evidence you can (including that picture), and be patient. It's their call in the end.

That said, I completely agree with espelirS2K. She's merging left-wise against traffic, and you were to her right. While you probably shouldn't have changed lanes so quickly, from what you have told us, it's her fault.

KiNgKoNg723

I would say she's at fault cause you have the right of way!!! She should've stayed in the merging lane until it was clear. Make sure you tell your insurance that she was coming from a stop sign on the other end of the street.

rob-2

Based on the graphics you provided I read this as follows:
1. She was in her lane when you hit her
2. You hit her because you failed to visually scan from rear view mirror, out windshield, to mirror and scan from mirror sideways to blind spot. If you had you would have seen her. I gather you only checked mirrors and turned.
3. Since you hit the side of her car she would have been completely visible had you been looking where you were turning.

Dude I think you're at fault on this one. She would have a hard time 'hitting you' with her side door. You 'drove into her' so to speak.

Both of you may have changed lanes but she appears to be in hers first. If you failed to single as well she's going to claim 'you darted out of your lane to avoid the stopping car and crashed right into me'.

lilazngrl4o8

It's probably going to break down as a 50/50 where each insurance company will just pay out for their policy holder's damages.

Yes she has to yield to oncoming traffic and you have the right of way, but given the situation and you merging to avoid that stopped car and not checking to see where she was, and being that she was already mostly in her lane and you drove into her, you're also at fault.

You can't argue that the car stopped in the rd forced you to change lanes and thus caused you to drive into her, and even then, you changed lanes into her. If you weren't speeding and that car was stopped, you had room and time to come to a complete stop and didn't need to switch lanes, especially on surface streets. You're at fault for switching lanes and not checking if the lane next to you is clear. She's at fault for not checking the lane she's merging into is clear. Both of you will be responsible for your share and insurance will split it 50/50.