Why am I at fault for a car accident if someone hit me?
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Why am I at fault for a car accident if someone hit me?
I was in a car crash. I was changing lanes on the freeway and a car pushed me back into the original lane that I was in and I rear-ended a car. The car that pushed me back didn’t stop and pull over so that car is unknown. Yet I am at fault for the crash. Is there anything I can do about it?
Asked on December 19, 2011 under Accident Law, California
Answers:
L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Thank you for your question regarding the determination of being “at-fault” for a car accident. You should be aware that liability for car accidents will depend greatly on the traffic regulations and laws for the state in which you reside. There are some traffic maneuvers that are illegal in some states, but are perfectly legal in others. An example of this traffic maneuver would be making a u-turn. In some states, a driver is not permitted to make a u-turn, however, other states allow drivers to make u-turns.
That being said, while liability (determining was right and wrong for an auto accident) depends on the traffic laws, it will also depend on the statements made by the drivers involved in the accident and any witnesses to the accident. The insurance adjusters will often take photographs of the accident scene, take recorded statements from drivers and witnesses, look at the damage to all of the vehicles, and then determine how the accident occurred. While you may believe that the accident occurred in one manner, it may have actually occurred in another manner, but because it happened so quickly, you could have been unaware of the other events.
If you disagree with the determination of liability of the insurance adjuster, there may be language in your insurance contract that gives you instructions on how to contest the decision. More likely you will go before a board and argue why the determination of liability was wrong. You will need to provide your own evidence to support your story, and this often is not a quick process.
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