Liability and Fault Discussion
I’m in California and need some guidance regarding a recent car incident. About a month ago, a woman attempted to change lanes and side-swiped me. She had her turn signal on for a considerable amount of time (as shown in my dash cam footage) and had several opportunities to safely merge. While I was passing her, she suddenly changed lanes and struck my rear passenger door. Upon reviewing the footage, I noticed she paused briefly before moving into my lane.
My insurance has determined that I am not at fault, citing that a turn signal is merely a “notification, not a right.” However, the other driver’s insurance (Connect powered by AmFam) claims they will only accept 85% liability for the accident, placing 15% of the blame on me based on some dash cam footage they obtained.
My insurance company has rejected the idea of me being 15% at fault, stating that I was in my lane for at least 10 minutes and was under no obligation to yield to her.
I have a couple of questions: Is the other party’s insurance obligated to share the dash cam footage they’ve referenced? Is it possible for them to acknowledge 100% liability for the other driver at a later stage? Has anyone had a similar experience where the other insurance ultimately accepted full responsibility?
Apologies for the lengthy post, and thank you in advance for your help!
It sounds like you’re going through a frustrating situation, and it’s important to understand your rights and options regarding liability disputes.
Dash Cam Footage: Generally, the other party’s insurance is not legally required to share any evidence, including dash cam footage, unless required by law or agreed upon in negotiations. However, you can request this footage, especially if it might impact the liability decision. It might help to formally ask for it in writing, citing your interest in resolving the dispute fairly.
Liability Determinations: Insurance companies often assess liability based on the available evidence, including any dash cam footage. If your insurance company has determined you are not at fault, that carries a lot of weight. However, if the other insurance company has a different version of events based on their footage, they may assign partial fault.
Possibility of 100% Liability: It’s possible for an insurance company to change their stance on liability as negotiations continue or as new evidence becomes available. If you believe the evidence clearly supports your claim of being not at fault, you can dispute their findings. Engaging a legal professional might also be beneficial if the situation escalates.
Real-life Experiences: Many people have had similar experiences where initial liability assessments have changed after further negotiations or evidence submission. If you are persistent and provide evidence supporting your case, there’s a chance the other insurance company could reassess their liability share.
You might also consider consulting with a legal professional familiar with traffic accidents and insurance claims in California. They can offer personalized advice based on the specifics of your case. Good luck!