I got into a car accident - need to know who's at fault

[BOK]

This morning, as I was driving to work, I got into a little fender bender.

I was trying to merge onto a highway. The onramp is simply a lane that ends about 1000 ft later. There is no stop sign, no yield sign. I accelerated to the speed of the current traffic as I looked for an opening. I see an opening in front of this white van (about 2 car lengths between the van and the car in front). As I started turning into traffic, the van accelerates as if he wasn't going to let me in. He did not let up (neither did I). And he ended up hitting the rear quarter, on the backside above my wheelwell (driver's side). He made contact with the corner of his front bumper on the right side. He barely grazed me.

We both pulled over, and he comes over screaming and yelling how I hit his van. I told him to calm down. He showed me the damage, and it was basically a small scrape on his already banged-up bumper. I had a small dent. He is not the owner of the van. The van is owned by the company that he works for. We traded information, and parted ways.

My question is, who's fault is this? Should I call the owner of the company (who the van is registered under)? Should I just call the insurance company and try to deal with it that way?

 

[iamme]

did you guys call the cops?

 

[Don Vito Corleone]

I believe most adjusters would say that you are at fault, since you were merging, whereas the other driver was already established in his lane. If the damage is as minor as you say, you may want to negotiate directly with the truck company, since your insurance rates will go up if they end up paying for this. I would be fairly firm in negotiation, though, and DO NOT directly admit fault.

 

Call your insurance company - you probably should have called the police, as now there is no real proof of what part of his car was damaged...he could claim you banged up his entire bumper. If it's not expensive then just pay out of pocket, b/c your insurance company will freak most times if you don't have a police report.

You're at fault. No one is required to let you merge on the highway. If you have to stop, you have to stop, but never force your way into high-speed traffic.

It may be too late, but try calling the police and then your insurance company if you can't afford it out of pocket. Either way, you should pay for his damages.

 

[technogeeky]

It's his fault. He read-ended you.

 

[Codewiz]

It is your fault. He had the right of way. He is not required to let you in if you are merging into traffic. If you had gotten in front of him and he hit you from behind it would have been his fault but since you never actually got in front of him completely it is your fault. Since he hit you on the side it will be shown that it was your fault most likely.

 

[UltraQuiet]

1. You should have called the cops. Always call the cops when in an accident.
2. You probably would have been cited for failing to yield.

JMO

 

[iamme]

from my experience, those who were already in the lane have the right of way.

 

[Codewiz]

Originally posted by: technogeeky
It's his fault. He read-ended you.

What part of wheelwell don't you understand? That is the not the rearend. That is the side so it is most likely going to be ruled his fault not the other driver.

 

[DougK62]

It's your fault, but the van driver is a punk.

 

[vegetation]

Your fault, but you really need a faster car if you can't out accelerate a van (probably a loaded one too, based on your description).

 

[ObiDon]

Originally posted by: vegetation
you really need a faster car if you can't out accelerate a van

Or he could have just gotten behind the van. We're talking about real life here. Not Gran Turismo.

In any case, he's lucky to not have been injured.

 

[AU Tiger]

You are at fault. If you had called the police they would have given blame to you and it could possibly have affected your insurance. If it is a minor ding, get it repaired on your own and don't inform your insurance company.

 

[rahvin]

Report the guys aggresive driving to the owner of the company.

 

[BOK]

He called the cops. The officer came to us, and we both said to him that we were going to take care of this on our own. The officer then left.

The damage on my car is minimal, although it could be expensive to repair. I don't even think it's worth it. I guess my concern at this point is that the owner will make a claim against me. But then again, since there was no police report, there is no proof of incident, correct?

 

[Linflas]

Actually there is quite a bit on record if it ever came to a court case just based on your description of the accident. I would suggest paying out of pocket if they do want payment and it is reasonable ie only pay for the damage done in this accident.

 

[Scootin159]

Originally posted by: rahvin
Report the guys aggresive driving to the owner of the company.

Exactly...deal with the manager, not him. The manager would be much more likely to just pay you & forget about it. He's busy enough & doesn't want to deal with it.

 

[Murphyrulez]

It's my fault, I should have slowed down and let you in.

Sorry dude.

 

[BOK]

Should I contact the Van's owner? I have all of his information. The only thing he has of me is my license plate, and my insurance company & policy #. He wouldn't know how to contact me, which will likely mean that if he wants to claim this, he will go straight to my insurance company, and not try to have this settled out of pocket.

 

[iamwiz82]

did you hit his rear quarter panel, or did he hit yours?

 

[Codewiz]

Originally posted by: BOK
Should I contact the Van's owner? I have all of his information. The only thing he has of me is my license plate, and my insurance company & policy #. He wouldn't know how to contact me, which will likely mean that if he wants to claim this, he will go straight to my insurance company, and not try to have this settled out of pocket.

Like what has been said....Contact the company and talk to a manager. It will not be the drivers responsibility to get the van fixed. You might get lucky with a manager that doesn't want to deal with it and fixes it themselves.

 

[BOK]

did you hit his rear quarter panel, or did he hit yours?

He hit mine.

 

[tcsenter]

I was trying to merge onto a highway.

Whope, no need to read any further. When merging into traffic, they have the right-of-way, the merging vehicle doesn't, period. There is no duty or obligation to yield for merging cars. Driving courtesy, yes. Obligation, no.

You could of course, attempt to accuse him of deliberately hitting your vehicle, which will probably go nowhere.

 

[iamwiz82]

eh... he's prob. right.

 

[Bulk Beef]

Originally posted by: iamwiz82
then i'd like to point out that Codewiz was wrong and should apologize to technogeeky. I think it is his fault, since he effectively clipped you.

Codewiz is right, along with everybody else. Merging traffic yields - end of story. Was the van driver being a prick? Sure. Is he legally at fault? Nope.