No question. The idiot with the dash cam that merged left without looking.
Insurance claim question, who's at fault?
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I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
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If I'm seeing this correctly,did the dash cam dude cut the other guy off by making an unsafe lane change,driving into them basically? If so,dash cam dude's fault hands down.
It looked to me like they were both moving into that lane, both changing lanes. I think you could make a case for each having contributory negligence. Each driver has to make sure that can make the move safely. I also think as a driver, you have to be aware and anticipate. IT seems to me the vehicle in the left lane, being behind the other car, could have seen the move start and anticipated it and braked a bit. The dash cam driver really should have been watching for someone switching lanes.
Dual contribution to the accident.
Dual contribution to the accident.
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Wonder if either/or or both were using their turn signals? Would that be pertinent information for an at fault claim?
Turn signal, use it early, use it often.
Originally Posted by 14Accent
Both of those driver's should have their license's taken away. This is exactly why there are so many accidents. These two idiots come to COMPLETE stops on a 5 lane freeway in the middle of the day, trying to get to the shoulder.
WHEN NO ONE IS INJURED, PROCEED TO THE NEAREST SAFEST STOPPING POINT! The middle of the freaking freeway is not it! I hope the dash cam video get's them both charged with reckless driving and some hefty fines.
My thoughts also.
Both of those driver's should have their license's taken away. This is exactly why there are so many accidents. These two idiots come to COMPLETE stops on a 5 lane freeway in the middle of the day, trying to get to the shoulder.
WHEN NO ONE IS INJURED, PROCEED TO THE NEAREST SAFEST STOPPING POINT! The middle of the freaking freeway is not it! I hope the dash cam video get's them both charged with reckless driving and some hefty fines.
My thoughts also.
The crash was basically two cars deciding to take the center lane at the same time. That stuff happens. But wow, the car is just dented, still able to drive, and he stops cold in the middle of the freeway?
Then it gets better. At 1:45, dashcam guy is halfway in the right travel lane (though there is plenty of room on the shoulder) and BACKING UP???? And moving to the LEFT? Watch the other cars going halfway out of the lane to dodge him. There are no words. Judge should take his license just for that.
Then it gets better. At 1:45, dashcam guy is halfway in the right travel lane (though there is plenty of room on the shoulder) and BACKING UP???? And moving to the LEFT? Watch the other cars going halfway out of the lane to dodge him. There are no words. Judge should take his license just for that.
Appears to be dashcam idiot's fault. Both deserve to have their license taken away for some time, dashcam idiot should have a bus pass for a minimum of 2 years, the other needs some more driver education, a lot more! Both are in the territory of reckless driving for their actions after the collision.
Here is a thought none have brought up yet, if they both have the same insurance company, often in a case like this, they call it a "Push" and assign no fault since they are paying both sides anyways. Mr. dashcam does not have to show his video footage. "Don't ask, Don't tell". If a driver was cited at the scene, then they would assign fault and raise Mr. dashcam idiots premiums due to a point on his/her DMV record.
Here is a thought none have brought up yet, if they both have the same insurance company, often in a case like this, they call it a "Push" and assign no fault since they are paying both sides anyways. Mr. dashcam does not have to show his video footage. "Don't ask, Don't tell". If a driver was cited at the scene, then they would assign fault and raise Mr. dashcam idiots premiums due to a point on his/her DMV record.
Originally Posted by doitmyself
In Michigan, definitely the car with dashcam was in the wrong.
" When a vehicle is merging onto the freeway, that driver must yield the right of way to vehicles already traveling on the freeway. MCL 257.649(7) states: A driver entering a roadway from a roadway that is intended for and constructed as a merging roadway, and is plainly marked at the intersection with the appropriate merge signs, shall yield the right-of-way to traffic upon the roadway that is so close as to constitute an immediate hazard and shall adjust their speed to enable them to merge safely with through traffic."
The argument could be made that the dash cam driver was already merged and was now just changing lanes. Still guilty for not yielding to the vehicle already in the lane to the left.
+1
In Michigan, definitely the car with dashcam was in the wrong.
" When a vehicle is merging onto the freeway, that driver must yield the right of way to vehicles already traveling on the freeway. MCL 257.649(7) states: A driver entering a roadway from a roadway that is intended for and constructed as a merging roadway, and is plainly marked at the intersection with the appropriate merge signs, shall yield the right-of-way to traffic upon the roadway that is so close as to constitute an immediate hazard and shall adjust their speed to enable them to merge safely with through traffic."
The argument could be made that the dash cam driver was already merged and was now just changing lanes. Still guilty for not yielding to the vehicle already in the lane to the left.
+1
Depending on the car in back, C-HR, if it changed the lane too, then I would say 50-50. But if the C-HR was in that lane then dashcam guy got into that lane, I would assign 100% to the dashcam guy.
Plus, crossing a solid line doesn't do him any favors.
Plus, crossing a solid line doesn't do him any favors.
Originally Posted by KneeGrinder
Here is a thought none have brought up yet, if they both have the same insurance company, often in a case like this, they call it a "Push" and assign no fault since they are paying both sides anyways. Mr. dashcam does not have to show his video footage. "Don't ask, Don't tell". If a driver was cited at the scene, then they would assign fault and raise Mr. dashcam idiots premiums due to a point on his/her DMV record.
Having the same insurance company has no impact. Claims are required to be handled independently in order for the resolution to be fair.
Here is a thought none have brought up yet, if they both have the same insurance company, often in a case like this, they call it a "Push" and assign no fault since they are paying both sides anyways. Mr. dashcam does not have to show his video footage. "Don't ask, Don't tell". If a driver was cited at the scene, then they would assign fault and raise Mr. dashcam idiots premiums due to a point on his/her DMV record.
Having the same insurance company has no impact. Claims are required to be handled independently in order for the resolution to be fair.
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Originally Posted by PandaBear
The driver of the car with the dash cam? or the car it hit?
Corolla: from 1 freeway to another, merging 2 lanes to the left, hit at the driver side front fender
C-HR: merging right, at a higher speed than the corolla merging left, hit at the rear passenger side (quarter? rear passenger door?)
Nobody is hurt, if you are the insurance company who you think is at fault?
The dash cam driver needs drivers training all over again.
1) causing the accident
2) stopping still in the right lane with no vehicle in front of it
3) stopping a 2nd time with it's rear left-side sticking out in the right lane.
That's an idiot driver right there.
The driver of the car with the dash cam? or the car it hit?
Corolla: from 1 freeway to another, merging 2 lanes to the left, hit at the driver side front fender
C-HR: merging right, at a higher speed than the corolla merging left, hit at the rear passenger side (quarter? rear passenger door?)
Nobody is hurt, if you are the insurance company who you think is at fault?
The dash cam driver needs drivers training all over again.
1) causing the accident
2) stopping still in the right lane with no vehicle in front of it
3) stopping a 2nd time with it's rear left-side sticking out in the right lane.
That's an idiot driver right there.
Originally Posted by atikovi
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
One of the early replies referred to MI law and for some reason that stuck in my head that this is where that took place. In the video though, one of the road signs refers to San Jose. The OP's info says he/she is from "Silicon Valley". Hmmm....
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
One of the early replies referred to MI law and for some reason that stuck in my head that this is where that took place. In the video though, one of the road signs refers to San Jose. The OP's info says he/she is from "Silicon Valley". Hmmm....
Originally Posted by atikovi
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
Not me for sure, but I am not saying who the dash cam driver is. Will delete footage soon for privacy.
Thanks guys for the opinions. I'll tell the dash cam driver.
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
Not me for sure, but I am not saying who the dash cam driver is. Will delete footage soon for privacy.
Thanks guys for the opinions. I'll tell the dash cam driver.
Originally Posted by PandaBear
Originally Posted by atikovi
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
Will delete footage soon for privacy.
You mean you will delete footage so as not to incriminate the driver.
Originally Posted by atikovi
I assume OP is the dashcam driver. Maybe delete the footage? And probably not the smartest thing to post it on the internet in the first place.
Will delete footage soon for privacy.
You mean you will delete footage so as not to incriminate the driver.
Originally Posted by hallstevenson
Originally Posted by PandaBear
Thanks guys for the opinions. I'll tell the dash cam driver.
She gives her version of events to the insurance claim adjuster and that's pretty much the end of it. The insurance takes it from there....
Exactly.
We can critique and interpret the rules of the road all day long. It doesn't even matter if traffic tickets were written. The OP asked about who's at fault in terms of the insurance claim. The insurance carrier can decide whatever they want. The effected parties can push it further if they decide to.
Originally Posted by PandaBear
Thanks guys for the opinions. I'll tell the dash cam driver.
She gives her version of events to the insurance claim adjuster and that's pretty much the end of it. The insurance takes it from there....
Exactly.
We can critique and interpret the rules of the road all day long. It doesn't even matter if traffic tickets were written. The OP asked about who's at fault in terms of the insurance claim. The insurance carrier can decide whatever they want. The effected parties can push it further if they decide to.
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