So Confused

mdeniser0121 · #1 02-08-2005, 11:48 PM

What is the name of your state? Texas

yesterday i got in a car accident while i was driving home from work. it was a 3 lane road and i was in the middle lane. i put on my blinker and switched into the right lane, and as i did that, a car pulled out of a parking lot and ran right into me. when they ran into me, i bounced to the right and hit my back on my console. when we pulled into the next parking lot entrance, he got out and started blaming me asking me "how much of the road do you need, " and other crazy stuff like that. and i was in total shock because for one he didnt even ask if i was ok, and for two....IT WAS HIS FAULT. well he called the police and i hd to be put on a strecher and be taken to the hospital. so i didnt get talk to the police officer like he did. the police officer came in the ambulance for like maybe 3 min. he asked for my name address and briefly what happened. he was a TOTAL JERK to me. i didnt even get to get the other persons insurance information because i had to go to the hospital, but they got mine. so my insurance company talked to me and to him. he told my insurance lady that the police officer said he was going to give me a ticket for unsafe lane change. WHEN THATS NOT THE CASE! he is trying to say that he was already out in the lane, but if he was out in the lane, i would have side swiped him...he wouldnt have hit me. my truck is completely caved in on the left side because it was such a hard impact. i would have had to make a sharp right turn right in front of him in order for my truck to look the way it does. anyway, my main problem is....since the cop is siding with that other guy even though it wasnt my fault, is that going to totally screw me over? i didnt even get to give a real statement. im so confused and just dont know what to do or how to handle it. the guy was an older guy and so was the police officer, and im only 20, and most older people say that "kids cant drive...blah blah blah," but thats not the case at all. they said i didnt have on my blinker but can you tell me that they were actually looking for a blinking light whenever the OBVIOUSLY didnt see me since they ran into me? please help me out...thanks!

teflon_jones · #2 02-09-2005, 06:23 AM

Have you received a ticket in the mail yet for this? You can't rely on what the other driver in the accident said, so before you get too worked up, wait and see if you get a ticket. If you do, plead not guilty to it and request a hearing. You had the right of way since you were on a public road and you signaled. Drivers entering from a private driveway must yield to drivers in a public right of way.

Regardless, whether you get ticketed by the cop has nothing to do with who the insurance companies will find at fault. Your insurance company doesn't want to pay this claim, so they're going to try and get money from his insurance company. Ask the rep assigned to your case whether they're going to file a claim with his insurance on your behalf, or if you're expected to do it. Then wait and see what your insurance companies work out.

djohnson · #3 02-09-2005, 08:32 AM

However, I can see where he could claim an unsafe lane change. The way you are saying you were hit would mean he pulled out and you changed lanes at about the same time. He would have no way of knowing you were going to change lanes. However you would have the benefit of seeing a car fixing to pull out onto the road. I'm not an older person but can see where you may be at fault, or atleast partially.