question about auto insurance/ liability to those in the industry

[TheCaptain 2]

I have a question about automotive insurance claim. Here’s the situation:
There are two lanes going south on the highway just past a stop light the right lane ends, I was in the left lane and drive X was in the right. His lane ended but he wanted to be in front of me, I really dislike people that know a lane is ending but ride it out to the end and bypass all the people that were patiently waiting in line. Drive X’s lane ends but he continues forward for about 400 feet with no lane and most of his car past the white line. I keep about 1 foot off the car in front of me and just look forward and drive straight. Driver X hits me. So we exchange info and I call my insurance co and his file claims but talking to both insurance co Driver’s X insurance will gather all the information and then decide if driver X is liable otherwise I have to claim it on my insurance and pay the deductable. It seem strange to me that an insurance company can decide if they are liable and that is i( I mean really if that is truly the case I would think the company would never find their client liable), so the question is this really how auto insurance works or is there something else I could do.
I know we were both being idiots and that I am to blame too but I figured I had the right of way and that would be that.

Kirk
He's dead Jim

[AggieDave 6]

Lawyer up if the damage is severe enough (expensive enough) and especially if any injury is claimed on the other driver's part. Right, wrong and traffic law really mean nothing to the insurance companies. They have teams of accident reconstruction experts to evaluate the accident. Then they use their lawyers to make that data say whatever they need it to say to screw you!

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[wolfriverjoe 1,340]

AggieDave is correct about the truth and right not mattering.

But if he was entering your lane, it was his job to do so smoothly. You aren't required to let him in. You were driving along, minding your own business when he encroached on your lane and hit you.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[Gawain 0]

What Dave said. Plus, some states are "no-fault" so liability ends up not mattering in the end. If you have a police report (and you should), that could help you...but some insurers might determine their guy isn't 100% liable....If there's enough money involved, I'd definitely get a lawyer to help you.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[TheCaptain 2]

Thanks, the damage is pretty minimal my estimate was $2000 and I got the worst end of the stick between us. There was no injuries as this happened doing all of 10 MPH.

Kirk
He's dead Jim

[tetra316 0]

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Thanks, the damage is pretty minimal my estimate was $2000 and I got the worst end of the stick between us. There was no injuries as this happened doing all of 10 MPH.

So was it a side by side then? Oregon had a no fault law, if you get hit from behind, it's his fault.

[TheCaptain 2]

Yes, it was side by side. We were both going south bound on highway 213 from I205 heading to Molalla in Oregon. I realize my pride/stupidity aided in this happening and my deductable is $500 but it just bothers me that at the end of the day right or wrong does not matter and that the insurance company will decide by it's self "IF" thier client was responsible.

Kirk
He's dead Jim

[AggieDave 6]

Their adjusters will find you on the internet and what you say about the accident. I've seen that more than a few times as well. So be mindful about what you say about your level of fault.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[jimmytavino 16]

sounds like a couple of "stubborn drivers".......

but by your explanation, it would seem that Your lane was the continuing lane, and the right lane was the ending lane,,, and SO>>>> the driver in the right lane,,,,, needed to slow HIS pace,,, so as to OOOZE into the driving lane,,, safely...

We have all been on a highway where one lane ends,, due to construction etc.. and where traffic stacks up, and most people alter their pace,,, and THEN some one "who is more Important that all the rest of Us "... flies down the ending lane,,, expecting to barge into the line which has been patiently waiting,,,, and allowing others to merge...
That burns me UP too... But at some point,, we either need to yield,,,, or we need to eyeball the other driver and indicate that they can "get In"... BEHIND us.....

as i say.. stubborn...
NOW.. lemme ask you THIS... If you're on final.. 100 feet off the ground, and someone is overtaking you, and maybe even cutting you off... and your canopies flight paths,, are getting WAAAY too close...... Do you slide away,,, yield to him/her... or Hold your ground.....and maybe contact each other...??
just wondering??
jmy
A 3914
D 12122
NSCR 1817

[Southern_Man 0]

You should have called the police. They will determine fault. I don't consider $2000 to be minimal damage. By not calling them you have left it up to the whims of the insurance companies.

"What if there were no hypothetical questions?"

[AggieDave 6]

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You should have called the police. They will determine fault. I don't consider $2000 to be minimal damage. By not calling them you have left it up to the whims of the insurance companies.

From my professional experience I will tell you that insurance companies really don't care what the police report says! Many times they will defer absolute levels of fault and assign percentages of fault to both parties. If you have a "stronger" insurance company, they'll many times win due to the ability to intimidate other insurance companies.

--"When I die, may I be surrounded by scattered chrome and burning gasoline."

[JerryBaumchen 1,048]

Hi Captain,

I live in Beaverton and numerous times I have sued over auto accidents in Small Claims Court. I have yet to lose.

If you would like some help with doing so, just get in touch with me. Remember: you sue the car owner, not the insurance company and, possibly, not the driver.

IIRC, if the amount of the damage is $1400 + then you have ~72 hours to file an accident report. I STRONGLY suggest you do this immediately; not doing so could effect your rights down the road ( no pun intended ).

And Tetra: Oregon is not a 'no fault' state. I have lived here since ~1943 and I do keep up on these things.

Also Captain, in Oregon, sometimes it says 'RIGHT LANE ENDS' & sometimes it says 'LEFT LANE ENDS.' There is no consistency to this; so which lane ended: his or yours

I haven't been out to SDO in a while so I do not know.

JerryBaumchen

[tetra316 0]

Oregon is a no fault state in regards to blame if hit from behind in a motor vehicle incident. I'm not talking about insurance coverage, just blame. If you are hit from behind then it is automatically the other person's fault. Insurance on the other hand...depends if they have it.

[TheCaptain 2]

Hi Jerry:
His lane ended it is very clearly marked I also filed a accident report within 24 hours.
Hope to see you soon at SDO
Kirk

Kirk
He's dead Jim

[fallfast69 2]

Quote

Hi Jerry:
His lane ended it is very clearly marked I also filed a accident report within 24 hours.
Hope to see you soon at SDO
Kirk

Take some pictures of where the accident occured and send them to both insurance carriers. I had to do it once and it made the differance I needed!

Jon