in a residential neighborhood in miami florida i was driving a little under the speed limit. i realized i was going off to the right a little and fixed my car left. as i was fixing my car left the car behind me was passing me and i hit his right side as i was fixing my car to the left. my car didn't have horrible damage but his car had a huge scratch on the right side. we both decided to leave and talk later with our parents (we are friends) but i just would like to know who's fault you think this is.
also the street he passed me on was a residential street that is sort of narrow and didn't have any lines on it but it was a both way street.
May be jointly responsible but he probably shouldn't have been trying to go around you. Report to your insurance company.
It really depends upon the specifics of this case, it really depends upon the specifics of this case and there is not enough information here to make that determination.
He cannot pass you without being able to clearly pass. I am assuming a one lane street in your direction. Otherwise you are at fault depending on where in the street the accident occurred( which lane)
Assessing liability in general would take much more information than is posted on this question (there are so many factors involved such as speed, points of impact, were there any independent witnesses, the loss facts to which BOTH parties are testifying, etc.).
If the other insurance company is not accepting liability, you should use your own collision coverage and let your own insurance carrier fight it out with the other person’s carrier. Even if the police came to the scene and investigated and you weren’t ticketed at the scene, you still may be mailed a citation if the police assess you as the majority at fault. The same holds true for the other driver. Also, a citation is not actually proof of liability ultimately, anyway, as that would be assessed in a civil trial, not a traffic court trial (you or the other driver could be found guilty of the traffic violation and then be assessed with no liability in a civil trial).
However, having said all that, if you were injured in the accident, I would contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
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