Found Partially at Fault for an Accident I Didn’t Cause: Seeking Advice
I’m in a frustrating situation where I’ve been declared partially at fault for an accident I wasn’t involved in, and I’d appreciate any guidance. Here’s what happened:
While driving to a busy intersection with non-functioning traffic lights, I was in the left turn lane, waiting for my turn. Cars to my left were crossing, and once they cleared, I was prepared to go. Just as I started to pull forward, I noticed another car approaching the intersection, which didn’t stop and disregarded their turn.
Thinking they would stop since it was obviously not their turn, I continued to inch forward but eventually had to stop and let them pass. I was already in the intersection but not blocking their path; they could have easily gone around me without issue. However, instead of passing, that driver suddenly swerved left and collided with the car next to them, which had also entered the intersection out of turn.
Since I believed I wasn’t part of the incident, I drove away. A week later, I received an email about a claim being filed. It turned out the other vehicle was a Tesla that had recorded my license plate number.
When I contacted my insurance adjuster, I learned that the police report indicated I was at fault. The report stated the officer reviewed video footage from the Tesla, which purportedly showed I didn’t have the right of way. My adjuster informed me that the attorney handled the case and only shared footage from the Tesla’s side camera, refusing to provide footage from the front camera. Despite my adjuster spotting a car ahead of the one that swerved—which suggested that they had not been given the right of way—the attorney insisted I was at fault and wouldn’t share further video evidence.
I had a dashcam in my car but unfortunately didn’t save the footage in time, so it’s now been overwritten. I provided a full statement detailing my perspective of the incident and even contacted the insurance companies for the other two vehicles (both with GEICO), who confirmed they were holding the swerving car 100% liable and didn’t need my statement.
However, two weeks later, my adjuster informed me that due to the police report and the claimants agreeing I was at fault, they would accept 50% liability and pay the injured parties’ policy limits.
Is there anything I can do at this point? I requested body-worn camera footage, but it costs $245 and won’t be available for 6-9 months, which seems impractical now. As a public defender claims adjuster myself, I’m bewildered by the outcome and unsure of the next steps I can take. Any advice would be greatly appreciated!
It sounds like you’re in a frustrating situation, especially since you feel you weren’t at fault and have evidence that could potentially support your case. Here are a few steps you might consider taking:
Gather All Available Evidence: While you mentioned your dashcam footage was overwritten, if you have any other evidence—such as witness statements, photos of the intersection, or even traffic patterns that could support your account—gather those. If there were pedestrians or other drivers who observed the incident, try to reach out to them.
Document Everything: Keep a detailed record of all communications with insurance companies, the adjusters, and any other parties involved. Make sure to note dates, times, and what was discussed.
Consult with a Lawyer: Given the complexity of the situation and the potential for liability, it might be wise to consult with a lawyer who specializes in traffic accidents or insurance claims. They can provide you with legal advice and might suggest ways to contest the liability finding based on the facts you’ve presented.
Request the Full Police Report: If you haven’t already, request a complete copy of the police report. This can be essential for your records and understanding the basis of the officer’s conclusions.
Consider Filing a Dispute: If you believe that the liability decision is unjust, find out if your insurance company allows you to formally dispute or appeal the finding of fault. You may be required to provide additional evidence, so knowing what they accept will be helpful.
Assess Your Own Insurance Coverage: Check to see if your own insurance policy might have coverage options that can help you in this situation, such as an appeals process or uninsured motorist coverage if relevant.
Plan for Future Incidents: This experience highlights the importance of preserving any dashcam footage immediately after an incident. Consider setting your dashcam to save footage automatically in the event of a collision in the future.
Dealing with insurance can be incredibly challenging, and being faced with partial fault when you feel otherwise can add stress. Seek support from professionals who know the legal landscape, and don’t hesitate to assert your rights. Good luck!