Hi, I was driving straight on a road and another car came out of a shopping mall and hit the side of my car. My car was damaged on the driver side door, rear door and rear side bumper. We (me & the other driver) exchanged information and I reported to my insurance company. Unfortunately, there was no witness to it and I am worried if the other driver would report something different and end up I had partial fault even though I had the obvious right of way. Could someone tell me what my chances are and whether I am worrying too much? Would adjusters look at how the car is damaged and decide who is wrong?

excon

Hello G:

No. All an adjuster could determine is that you got hit from the side. He can't tell who had the right of way, however. Next time, call the cops.

excon

ScottGem

Based on what you have said, its unlikely you would be considered at fault, but not impossible. A car exiting from a driveway needs to yield to a vehicle in the roadway. Where you were hit would indicate the car did not yield to you.

But yes, you should have called the police.

What will probably happen is your insurance company will file a claim against the other driver's liability coverage. Talk to you insurer, they may want you to file a claim with his carrier.

JudyKayTee

And I will add that you had a duty to avoid the accident by braking, swerving, doing whatever is safe. The condition of your car as well as the other car and statements you both will/have made will determine liability.

And, yes, why didn't you call the Police?