I was hit from behind it is my fault?

c.j.davies

You say you looked in your mirror, but what about your blind spot? - looking over your shoulder. As I havedone in the past and I was lucky to do so, specially joining a motorway, looking in my mirrors it was clear BUT when I looked over my shoulder there was a car a right next to me.

The best advice I can give is write down what happened on the insurance claim form and just leave it to the insurance to sort out.

CowboyBill

You are getting a LOT of sh*t advice here. Let your ins. co. handle this! At best, you are off the hook, at worst you are at fault. Big deal. Accidents happen everyday and they are complex. Just because you were hit from behind does NOT mean you are not a fault (to all the dumb@sses out there that think so). This could be a comparative/contrib. situation, depending upon the state you live in, which means that the blame could be split on both of you. Stay cool, be honest, let the adjuster do his/her job. It's not as if you are going to jail (unless you fake an injury (this to the dumb@ss that thinks an injury is worth $2000.00)).

Cala M

Generally, no. If someone hits you from behind due to speeding or tailgaiting, then it is their fault. However if you cut him off (perhaps you didn't see him as you were changing lanes) then it may be your fault. In any case DO NOT ADMIT ANY FAULT this is up to the police and the insurance company. Hopefully you are both insured.

Matt M

Absolutely his fault. He saw what you were trying to do and he damaged your car. Talk to a public defender andf you had someone with you bring them and it should clear you. Good luck. So many drivers with too much testosterone.

Aaron Q

if you were going speed limit and he still rearended you the you can get him for speeding, but since he hit you during a lane change get him for anything you can since he wants to blame you, good luck.

Mike R

Well if u saw him in the left lane you shouldn't have gone there, so he mightve assumed that you saw him and so its also his fault because he didnt slow down and accomidate you. Good Luck in the procedure.

glyn_fj

totally his fault he hit you not other way round

charterman

.From reading your question, you have answered it yourself. You say you indicated and looked in your mirror. The procedure is MIRROR, SIGNAL, MANOEUVRE. Had you done that, you would have seen the other car, and waited until it had passed. You were changing lane, the onus is on you, to make sure it is safe.

KELLY

i would say his fault if you was already in the left lane , he probably not looking up the road to not of seen you

KEITH M

Don't get involved in portioning blame, leave it to the insurance companies that's what you pay them for .

Trevor h

Not your fault - it is always the person behind who is at fault - he should have been driving with more care and attention and keeping a safe distance.
Even in a multiple pile-up the last guy takes the blame.

Allasse

This is very simple - you never ever admit liability - this could leave you without an insurer if you admit you are liable and they lose a fortune for a loose tongue.

When the insurance company sends the documents just complete it by telling the truth.

In britain, it tends to be that the driver who rear-ends you is at fault as he never gave himself the proper stopping distance behind you. He has been speeding, saw your indicator and put the peddle down without guaging the distance correctly. He is at fault, and hoped to brow-beat you into admission to save him from a hefty premium next year once his insurance has paid YOUR claim. Oh and get your neck checked at the hospital - whiplash is worth about 2 grand.

deadcars42

IT is your fault. It does not matter where on the vehicle you are hit, but who is at fault for the loss. You were not rear-ended, you were struck while changing lanes. When you change lanes, you must be sure that it is clear to do so, and although you checked, the other vehicle may have been in your blind spot-- and that is not his fault. Report it to your insurance co, let them handle the situation.

Myke BoDean

As far as I know, whenever somebody hits you from behind it's their Fault.

C K Platypus

Don't discuss it with him or his insurance agency. Have his agency contact yours.

Contact your insurance agency and discuss it with them.

Mr. X.

Which part of the rear of your car has been damaged?

If you've been hit from behind it is completely the fault of the other driver. Unless you changed lanes while too close to the other vehicle, but even then he may have been going faster than you, it means that he would've overtaken you on the inside,which is against the law.
In any case the highway code says that he should have left a gap in font of him, to give him time to react and stop safely in time.
I would not worry too much about who is to blame, you should use your insurance to argue who's fault it is. if you are not to blame, then they will make a claim.

I have just edited my answer due to advise given to you by others, some of them are saying that you should have looked over your shoulder first.
I drive a van with a bulkhead and no windows in the rear doors, so how do I look over my shoulder!!!

starme

of course not

lomatar1186

that's what they call the "blind spot", but i wasn't there, so i can't really say who's fault it is.

kingskid418

Merging is tricky. You said you used you signal, which is good. He had the greater duty since he had full frontal view through his windshield, you had a duty also but you may have had a blind spot. The liability appears favorable to you at this time, but any insurance company would need to speak with both parties involved, then make their liability decision. The point of impact would be a factor in whether you pulled right in front of him or whether the other driver had room to avoid hitting you.

It also depends what state you live in. If it is a contributory state, and it is found both parties contributed, you will each collect from you own insurance company and pay your deductible. If you are found not contributing to the accident at all you could collect from his company.

If it is a comparative state, then each party can collect from the other parties insurance for a percentage of their damages.

If you do not feel you are at fault, call the other parties company and file a claim. You can always file through your own company,pay your deductible, then try and have them subrogate against the other company to try and get your deductible back. In either case, they will probably get a recorded statement from both drivers and look at a police report if one was filed.

norman7774

I always say it this way (In the case you just mentioned and there are many like it)....I say.. that in reality, and morally, YOU are at fault but legally, the guy who bumped you is wrong

Einstein

Sounds like you cut him off,he most likely was in your blind spot,so it is your fault.Always look over your shoulder when you change lanes.
Just because he hit you does not mean he is automatically at fault.

keefer

You should always look over your shoulder when manoeuvring in lanes as well as checking your mirror. Your mirror doesn't always give you a complete view of what is behind you due to 'blind spots'. However, if he went into the rear of your car then he should have been driving with enough care to avoid you. If you side swiped him then that would be a different matter as it would imply you didn't see him on your left, but as he rear ended you it suggests to me that he was going too fast down the lane and wasn't able to stop. In most cases like this it is considered to be the person who hit you from behind who is liable, not the person who has been hit. Write down what happened now while it is fresh in your memory. Your insurance company may need such evidence and it is hard to remember details a long time after the event. Good luck.

Dazman

As long as nobody witnessed it and backs up his claim that you pulled in front of him you'll be fine nobody ever wins a claim if they've hit someone from behind.

......................

normally if someone hits you from behind it is their fault. Period.
If you changed lanes unsafely, most likely it would be your fault, but the onus is still on the driver behind, unfortunately.
The law says we should drive in such a manner that makes stopping possible at all times.
I would say it was both party's faults in this case since you may have well caused the accident.

All accidents can be avoided. Incidents cannot. The difference is if the road caves in underneath you, that would be an incident. So there is quite a difference between the two.

usualy if you get hit from behind the other peeps get blaimed, as you indicated and looked, you should be in the right.
But i have been invloved in a similar incident, and i went in to the back of a car after a car pulled out infront of me on a 'A'road. They were in the wrong (after police report).
Remember to write down exactly what happened any deveation from your story and you will loose your case.

What did the police report say? that should give you some idea about the other guys stopping distance how far he skidded. If the skid was very close to your car then you probably didnt give too much warning. also the police should be able to see how fast you both were going.

Good luck and put this down to experience, car accidents are crap and no one really wins.
Insurance company will be able to advice you on the corse of action and if you have legal cover its worth trying to win the case.

notyou311

Call the MVA or your local police dept. and see what the laws are in your state. You could have made an illegal lane change by not being aware of how close the other car was. On the other hand, he should have seen your turn signal -- but he may not have had time to react.

fred405

If you looked to see if it was clear to "change" lanes then you would have seen the vehicle that hit you. If I was the offending vehicle that you cut across I too would be looking to your insurance company to pay. If it was clear then the accident would not have happened. As it did happen then in my view it was NOT clear for you to make this move. Sorry but I think that this one is down to you

mrklcoac2002

i dont believe your at fault but call my friend debbi you may need an atty and she may be able to help u pick one in ur area i only pay $17.00 a month her name is debbi carroll 18664713782 or www.debbicarroll.com tell her mark referred you

When you tell your insurance, leave out the part of changing lanes. You were simply hit from behind.

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