Accident when passing

[Mamasita]

What is the name of your state? Kansas

When you are involved in an accident when you are passing someone is the person doing the passing always at fault even if the other person wasn't paying attention?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Kansas

When you are involved in an accident when you are passing someone is the person doing the passing always at fault even if the other person wasn't paying attention?

My response:

"You must be BRIEF and to the point."

I think you took that statement a little to much to heart. While brevity is appreciated, your post is just a bit too sparse with the information; e.g., speed, passing side, movements of both vehicles, how many lanes of travel, passing ability, etc., etc.

IAAL

 

[Mamasita]

It was a 2 lane road. The posted speed was 45 mph. The other car was going 10 to 15 mph below the posted speed and kept stepping on their brakes. After following them for approx. 1 mile, I decided to pass, I signaled and checked my blind spot and began to pass. Just as I was coming up on the other car they turned on their signal and turned in to me. I had no time to react. My car ended up in the ditch and almost flipped over! There were two cars behind me who weren't paying attention and didn't see anything. There was a witness working on a fence 320 ft away. He said the other car had their blinker on before I started to pass. I think he saw their brake lights going on and off or possibly my blinker. My 19 yr old son was in the car with me, he also saw no blinker on until it was too late. My ins co says I am the majority at fault. I disagree. Can I fight this?

 

[ProResearch]

I am not sure I understand, fight what? Kansas is a no-fault state. Your insurance pays to get your car fixed (or totals it), their insurance pays to fix their car (or totals it). What are you trying to fight?

Let us know......

 

[Mamasita]

KS is a 49/51 state. So if you are 51% or more at fault you pay all of your car repair and 51% of theirs. My ins co says I am 60 to 70% at fault. I disagree. The Accident report says the officers opinion is that I am at fault for failing to pay attention because there was an independant witness (who was 320 ft away) who says that her blinker was on before I went to pass. The officer issued no tickets. He also did not talk to all witnesses and did not talk to the other driver because she doesn't speak english. After discussing all the evidence/info with the ins co it seems to me that she turned on her blinker as I was checking my blind spot andmoving in to the other lane to pass, then it was too late and I had no time to react. I would be happy if I only had to pay for my car! Any advice?

 

[Mamasita]

Also, she admitted to my ins. co that she saw me behind her but when she checked her mirror didnt see me, so I must have been in her blind spot which she didn't check.

 

[tammy8]

Did the other car actually hit your vehicle? Or just run you off the road?

 

[Mamasita]

We definitely hit! My car has approx $5000 damage, and hers has approx $2500 damage. My car ended up in the ditch and almost rolled over. We were very lucky that it didn't and that no one was hurt!