My lane was closed, merged left and the car hit me.

[issha]

What is the name of your state?
Washington State

https://REMOVED LINK

Attached my one drive folder with the pictures from the accident, police report, and the other party's insurance (state Farm) denying their insured is at fault. I'm in the blue car in the right lane and merged left, he's in the red car in the left lane and hit me. The picture with petco in the background shows the right lane needs to merge left. Everybody was merging slowly. When I saw a wide gap in front of the red car, I signaled for about 10 seconds and merged left. The red car kept moving forward and hit me. His insurance is siding with him and my insurance is siding with me. His insurance did not request for an official assessment of my car (or his car) and denied liability. My insurance said my only recourse would be to take him to small claims court. I would like to know if I have a case. Thank you for your help in advance!

 

[Zigner]

What is the name of your state?
Washington State

<redacted>

Attached my one drive folder with the pictures from the accident, police report, and the other party's insurance (state Farm) denying their insured is at fault. I'm in the blue car in the right lane and merged left, he's in the red car in the left lane and hit me. The picture with petco in the background (20180623_191300.jpg) shows the right lane needs to merge left. Everybody was merging slowly. When I saw a wide gap in front of the red car, I signaled for about 10 seconds and merged left. The red car kept moving forward and hit me. His insurance is siding with him and my insurance is siding with me. His insurance did not request for an official assessment of my car (or his car) and denied liability. My insurance said my only recourse would be to take him to small claims court. I would like to know if I have a case. Thank you for your help in advance!

~Winnie.

I didn't look at your pictures - from your description alone, it sounds as if you are at fault. The other car hit you because you made an unsafe lane change. The onus is on you to avoid other traffic.

PS: I reported your post due to the link to your pictures. I did look at them and they only seem to show damage to your car which doesn't help determine fault anyway. The pictures also include a copy of a driver's license which is personally identifiable information.

 

[issha]

Whoops! I forgot I had those pictures in the folder. I have removed them.
So, if someone is trying to merge into my lane, and I don't pay attention that the traffic had stopped so I hit them.... That is their fault?

 

[Zigner]

Whoops! I forgot I had those pictures in the folder. I have removed them.
So, if someone is trying to merge into my lane, and I don't pay attention that the traffic had stopped so I hit them.... That is their fault?

If you cut in front of somebody causing them to hit you, then yes, it's your fault. Also, a directional signal is supposed to be used to signal your intent. It's not an automatic pass to simply move over.

 

[Just Blue]

Whoops! I forgot I had those pictures in the folder. I have removed them.
So, if someone is trying to merge into my lane, and I don't pay attention that the traffic had stopped so I hit them.... That is their fault?

Yes.

 

[Zigner]

Yes.

I didn't go there because it's hypothetical. Had that been the actual scenario, the OP would have said so originally. Instead, the OP explained that she was hit while merging, not while stopped.

 

[Just Blue]

I didn't go there because it's hypothetical. Had that been the actual scenario, the OP would have said so originally. Instead, the OP explained that she was hit while merging, not while stopped.

I know...

 

[issha]

There were a lot of cars and the traffic was stopped. There was enough room for me to merge. He shouldn't have hit me

 

[Just Blue]

There were a lot of cars and the traffic was stopped. There was enough room for me to merge. He shouldn't have hit me

You entered his lane. He had the ROW.

 

[Shadowbunny]

"Enough room" does not equal "Right of Way". The fact that you were merging means you had to yield to him, not the other way around.

 

[justalayman]

There were a lot of cars and the traffic was stopped. There was enough room for me to merge. He shouldn't have hit me

How could he hit you if traffic was stopped?

 

[HighwayMan]

File a claim with your own insurance company. If they are convinced you're not at fault they will fight it out with the other guys insurance. Then see what happens.

When you change lanes you can't take it for granted that a large opening will remain large and YOU have to constantly be checking to make sure that you can complete the lane change safely. It sounds as if you didn't do that and drove right into the other driver's path. If you were looking the way you were supposed to you should have terminated your lane change and moved back into your lane.