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Am I at fault?

Chalmette, LA |

I was in an automobile accident today. After completing a left turn into the far left lane of a two lane one way street I was hit by a driver who was initially parallel to me. He swooped over into my lane inappropriately because this was a no passing lane and damaged the right side of my car just right of my headlight as well as the lower right portion of my bumper closer to the tire and just above the tire. He gave false information to the officer and as a result was not cited. What do I do?

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Attorney answers 8


If you were injured consult a personal injury attorney who will investigate the incident and protect your rights. If not, notify your auto insurance carrier and let them deal with it.

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Consult a local personal injury lawyer if you were injured and they will help you handle the liability situation. If not, report the claim to you insurance carrier ASAP. Hire a traffic ticket lawyer to fight any tickets if you received any.


Just because he misrepresented the facts to the police so as not to get a ticket,does not mean that the other driver cannot later be found liable for the accident, although obviously an "admission" of wrongdoing would have been better for you. Resport the accident to your insurance company. If there were any witnessess, be sure to advise your carrier of the same, as well. If you have "collision" coverage under your own policy, you have a choice of (a) having your car repaired under your own policy, where fault is not an offsetting issue, but your deductible will be applied - then your insurance company will pursue reimbursement from the other driver (and you can get your deductible back if your carrier is successful); or (b) sue the other driver directly ( I wouldn't waste time trying to negotiate with his/her carrier as they will adopt his version and just delay any payment). If your were injured, consult with a personal injury attorney immediately.


Lawyers can't determine fault from a short Avvo posting. Get a free consultation from a personal injury lawyer in your state who can discuss all the facts and circumstances with you.


As a general rule in a car accident, if you are entering a lane of traffic, traffic has the right of way and a drive must yield to vehicles in that lane of traffic. However, vehicles changing lanes must do so you when it is safe. In these cases, you try to establish that you had entered the lane and obtained the right of way, and that the other car changed lanes when it was not safe to do so and/or failed to yield to you, causing the car accident. Can you describe the damage any better to determine how the impact occurred? Do you have photos of the damage to both cars and the debris field on the road? Did you get any photos of skid marks on the road from either car? Are their any witnesses? What worries me is the damage on what sounded like your front bumper. I would expect purely damage to the sides of the cars. Call a local personal injury or car accident attorney and get their advise on the crash.



It's actually to the side of the car and side of the bumper I do have pictures of the scene, and you can clearly see that he is across the no passing lines and in my lane knocking me into a lane with oncoming traffic.


You are not at fault just because the police officer failed to give the other driver a citation. You can still fie suit to recover for your property damage and personal injury. You should get in to an attorney's office immediately, so that you can begin the process. Also, do not give anyone any statements and do not sign anything until you have spoken to an attorney. Most personal injury attorneys (like me) do not charge any fees unless we win and you don't have to pay any of your costs or expenses out of your pocket.


Report the claim to your insurance company and his insurance company. Get the accident report and if you know of any witnesses, contact them about giving a statement that supports your version of the accident. Otherwise, your situation involves a classic swearing contest. The other driver can claim you were the one that gave false information.

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You should get in contact with an attorney immediately to discuss your situation further. Just because the other driver was not cited does not mean that the police officer did not place him at fault. Please feel free to contact my office for a free consultation.

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