am I liable if I has hit when making a left turn wen it was clear and the oncoming driver switched lanes a couple feet before intersection?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jan 19, 2012

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Insurance Question from San Antonio, TX

Asked on 01/19/2012

am I liable if I has hit when making a left turn wen it was clear and the oncoming driver switched lanes a couple feet before intersection? I was turning left. on-coming traffic was clear there was a truck turning left on the inside lane on the opposite side. 3/4 of completing my turn a explore hit me on passenger side rear wheel imprinting of his license plate on my bumper, bends the control arms and passenger stated that he saw the light turn yellow 1/4 of the way completing my turn and that the explorer was coming behind the truck turning left, but to not wait explorer switched lanes from the inside to outside lane, therefore hitting me.police report dont state him switching lanes, states he had the right away.

Answer given on January 19, 2012

When you are involved in an auto accident, and you are making a left turn, then you have to prove that there were circumstances that would prevent you from being considered at fault. Your insurance company will conduct an investigation. Hopefully you have provided them with all witnesses to the accident so they will be fully aware of the details of the accident. If the police were called, hopefully they also documented the witnesses and their statements. The adjuster will make an investigation, including a statement from you. However, there must be details that will work in your favor, since most left turn claims are considered the fault of the driver making the turn.Ask the adjuster to keep you advised of the progress of the claim and how it settles. While you may not be able to influence the settlement, your interest in staying advised may encourage the adjuster to work harder in your favor.

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