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just_this_girl · Mar 14, 2011, 05:19 PM

I was driving in the outside lane, when the car in front of me slowed down considerably but did not indicate. I pulled into the inside lane (driving over a section of chevrons in the process - does this make a difference?). She pulled in to the inside lane as I was passing her. My driver's side door is 'pushed in' and right wing mirror broken. Her side panel on the passengers side is badly dented and her passengers wing mirror broken. Who was at fault? Thanks in advance for any input.

ScottGem · Mar 14, 2011, 05:37 PM

There is probably shared fault here. You tried to pass on the right, that's a nono. She may have started signaling after you started passing. And passing on the right means you were probably in her blind spot.

So at best you have 50-50 shared liability, but I think you may find you have a greater liability.

Fr_Chuck · Mar 14, 2011, 05:51 PM

Yes, I would give each fault, exactly how they will divide it up will be up to the insurance companies to argue out, most likely 50/50 when they are done

1. your fault, you were driving too fast or too close, ( don't start with a argue I am talking law not real life) by law you can not be so close that you can't stop if someone in front of you stops suddenly.

2. your fault, you can't drive over the gore of the road and over road division markings.

3. The other drivers defense, they would not be looking for you driving across those.

4. other drivers fault, they made a change of lane without properly being sure it was clear.