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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 12 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption