hit in rear and at faults insurance said I'm 75% at fault.

I live in South Carolina and a lady hit my girlfriend, 4yr old son and myself in the rear about 8am on a Friday. She was issued a ticket for to fast for conditions. About 2:30am on Saturday I went to the E R and diagnosed with whip lash. My girlfriend and son went to her personal doctor 9am that same Saturday and she has a sciatic nerve and is in much pain 2months after accident. The other driver went to court and plead careless. I only had liability and the other insurance co. will not even fix my car. What is their angle and what should I expect. I did hire an attorney on the following Monday and they told me that they could not represent my son and girlfriend and told me to get another attorney. H E l P

Listen to your attorney.

Your passengers need their own attorneys.

Well I guess it is for some but my girlfriend has not worked for 2 months and we don't know when she will go back. She may loose her job and I'm riding in a totaled car. All I want is my to fixed and the medical bills paid. The insurance co. make people be about money.

You need a lawyer. Your girlfriend needs a DIFFERENT lawyer and so does your son. My signature is not directed at you personally.

Now, WHY are they saying you are 75% at fault? Did you cut off the other car?

They are saying I cut her off. The police report states I made a right turn and after driving a short distance I changed lanes. It said she told the officer that she hydroplaned into the back of me when she hit her brakes. They have a diagram showing me already in my lane and show her weaving from one lane and into the back of me.

If your changing lanes is what caused her to hit you, then you are indeed at fault. Your passengers can still recover from your insurance.

of course they are saying that but when i changed the lane was clear. She was driving to fast in the rain. Thats why she was ticketed and i got none. So even if she pleads careless (that is the same as a guilty plea), how can they still say i was at fault.

Because it is their job to defend their insured, and that is a defense. You have a long fight ahead, hopefully your attorney is up for it. Her citation is a point in your favor but not a sure win. But your son and girlfriend will be compensated no matter what, if that makes you feel any better. But that's why they need different lawyers, because they will be going after both drivers.

nealds said:

of course they are saying that but when i changed the lane was clear. She was driving to fast in the rain. Thats why she was ticketed and i got none. So even if she pleads careless (that is the same as a guilty plea), how can they still say i was at fault.

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I think you are lucky you were only assigned 75% of the fault. YOU caused the lady to slam on her brakes...

Let me point out that the only people that believe I'm at fault is the insurance co and you. What about a person driving at a safe especially when it rains. I did not pull into her path. I came to an intercetion and stopped. Made a right turn and pulled onto the street. After riding a short distance I looked in review and there were no cars at all in that lane so I signaled and changed. About 4sec later wham. It was wet and about 7 50 am and she was going to fast. I was hit dead in the center of my rear. Lets just say for argument sake I pulled out infront of her, she should control her vehicle at speed that would allow her to stop or slow down If need be. Let me remind you the cop also told her this and put in the police report. I received no citations.

nealds said:

Let me point out that the only people that believe I'm at fault is the insurance co and you. What about a person driving at a safe especially when it rains. I did not pull into her path. I came to an intercetion and stopped. Made a right turn and pulled onto the street. After riding a short distance I looked in review and there were no cars at all in that lane so I signaled and changed. About 4sec later wham. It was wet and about 7 50 am and she was going to fast. I was hit dead in the center of my rear. Lets just say for argument sake I pulled out infront of her, she should control her vehicle at speed that would allow her to stop or slow down If need be. Let me remind you the cop also told her this and put in the police report. I received no citations.

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Your not seeing any cars when you changed lanes doesn't mean there weren't any on the road - you just didn't see them. I suspect her version was you changed lanes and she hit you.

If your merging causes another driver to have to slam on their brakes, then you have committed an unsafe/improper merge. The driver established in the lane should not have to adjust her driving at all to accommodate you pulling out in front of her. Sounds like you merged when you didn't have enough visibility to know if it was safe.