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The accident happened at a two-way left-turn lane that turns into a designated turn lane. Can someone explain why its my fault?

Hammond, LA |

Before merging into the designated part I saw the other vehicle in the lane far enough back that they should have turned into a parking lot . I merged and as I eased to the vehicle in front , the other vehicle struck mine at the front left fender ( they were speeding to bypass traffic went into oncoming traffic to avoid rear ending me but had to merge back to avoid oncoming vehicles ) Then the light turned green they scraped across my headlight and took off . I followed to get the plate number when they parked in a lot . We exchanged info . They didn't want to call the police or get anyone involved , but I did not agree and called the station . They left before the cop arrived but can't be called hit and run . However GEIGY ( their ins ) found me at fault . RS 32 : 38 states they broke the law , so is it ?

I wrote GIECO but the thing changed it. I do have an incident report for the accident, but Gieco made the decision before I even had a chance to submit it to them.

Attorney Answers 5

  1. You really need to have an attorney go to the scene and review the facts and the spacing of the vehicles.

  2. Depends on who you ask. Sometimes both parties can be at fault to one degree or another.
    Computers do not make these decisions --- human beings do.

  3. Since the police were not called to the scene of the accident, but instead to a later destination, the police officer will not generally diagram the accident. Also, if no citations were issued and no police report is available, it can be typical for the insurance companies to declare you both at fault.

    You need to get in touch with your insurance company and ask about them defending you and possibly consider filing suit. In Louisiana, you can pursue both the insured and the insurance company simultaneously without waiting for a judgment to be rendered against the insured first.

    Information provided in this response is intended to be informational or educational only. It in no way establishes an attorney-client relationship. Because every case is factually dependent, it is not possible to accurately answer each question posed. If you have sincere legal concerns, it is highly recommended that you seek legal counsel in your area. Any response is not intended to create, nor does it create, a continuing duty to respond.

  4. There is no way to ascertain fault from an Avvo posting. Sit down with a local lawyer to discuss the incident in detail.

    Only 29% Contingency Fee! Phone: 215-510-6755

  5. Louisiana law is a comparative negligence state. The trier of fact which will be a judge or jury will determine the percentage of fault of everyone involved. It is not for their insurance to determine what degree of fault should be attributed to you.

    This response does not creat an attorney client relationship. In all cases, I recommend you seek a paid consultation with an attorney with expertise in this area.

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