Liability and Fault Clarification
I’m in California. About a month ago, a woman side-swiped my car while trying to merge into my lane. She had her blinker on for a considerable time (as shown in my dash cam footage) and had multiple chances to change lanes safely. When I was alongside her, she made her move too late and struck my rear passenger door. Upon reviewing the footage, I noted that she hesitated briefly before abruptly switching into my lane.
My insurance confirmed that I’m not at fault, stating that a blinker serves merely as a notification, not a guarantee of right of way. However, the other driver’s insurance (Connect powered by AmFam) claims they will only accept 85% liability, placing 15% blame on me based on dash cam footage they obtained.
My insurance maintains that I hold no responsibility since I was in my lane for at least 10 minutes and had no obligation to yield to her. My question is: Is the other party’s insurance obligated to share the new dash cam footage they mentioned? Is it possible for them to change to 100% liability on the other driver? Has anyone experienced a situation where the other insurance eventually accepted full liability? I apologize for the lengthy post. Thank you in advance for any insights!
I’m sorry to hear about your situation; that sounds really frustrating. In California, liability in accidents like these can be complex. Regarding your questions:
Dash Cam Footage: The other party’s insurance is typically not required to provide you with any evidence they have unless there’s a formal request or legal proceeding. However, it may be beneficial to ask for it directly, as it might help clarify the situation. If you feel that it is essential for your case, consider discussing it with your insurance company or a legal expert.
Liability Shifting: Yes, it’s possible for the other driver’s insurance to change their position on liability as more evidence comes to light, or if they reassess their understanding of the incident. If your dash cam footage clearly shows you were in your lane and not at fault, it may help your case significantly.
Full Liability Acceptance: There’s certainly a chance that the other insurance could come back and accept full liability, especially if they review the evidence again and recognize that the initial assessment was incorrect. It’s not uncommon for liability determinations to change as more information arises or as negotiations proceed.
It might also be a good idea to consult with a legal expert or a claims adjuster if you feel the need to dispute the other insurer’s assessment. They can guide you on the best way to present your case and help protect your interests. Good luck, and I hope the matter gets resolved in your favor soon!