If I was ran off the road by another driver who kept going why am I at fault for hitting another car?

UPDATED: May 14, 2009

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If I was ran off the road by another driver who kept going why am I at fault for hitting another car?

I was ran off the road by a driver who kept on going, it was raining outside so my car hydroplained and ended up hitting another driver head on. Then officer labeled the accident No-Fault but my insurance company says I am at fault. Why is this and is there anything I can do?

Asked on May 14, 2009 under Accident Law, North Carolina


L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

This is an unfortunate situation.  If there were no witnesses to the first driver running you off the road (although, if you were off the road, how were there cars coming from the opposite direction?), and it's just your word against the driver who was hit head-on, unfortunately, you will have a difficult time proving that you were not at fault here.  You can certainly argue that the police report says no-fault, but when the two insurance companies are arguing over which of their drivers was at fault, they're more likely to go with the car that crossed over into oncoming traffic.  If the other party's damages and injuries are more than minor, and you feel strongly enough about this, you might want to consider hiring an attorney to protect your interests and to argue your case of no-fault.

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