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Hit By Lost Driver

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M

Mamasita

Guest
What is the name of your state? Kansas

After following another car for approx. 1 mile who was going 10 to 15 mph under the speed limit and kept stepping on their brakes, I decided to pass this car. I checked my mirrors, my blind spot and signaled and proceed to begin to pass. When I was right behind this other driver, they signaled and turned in to me. My car ended up in the ditch and almost flipped over. I had no time to react. There were no tickets issued in this accident, however the sheriffs officer stated on their report that they thought that I was at fault for failing to pay close attention and passing when not safe. There was an independant witness that was 320 ft away and stated that the other car had its blinker on before I decided to pass. I think that he saw their brake lights and not their blinker. My ins. co says that I am at least 60% at fault. I disagree. Do I stand a chance at fighting this? Please help!!!
 


racer72

Senior Member
Your insurance company is being generous. Most instances such as yours the driver attempting to pass is found to be completely at fault.
 

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