Need LEO opinion/Advice....

Blk-Ice · 02-26-2013, 01:17 AM

I was in my SUV and I was traveling on a 3 lane HW in the far right lane. After watching the traffic in the middle lane with my left blinker on the whole time traveling at aprox 40 MPH in a 55 MPH zone, I waited until I saw a big enough break in the middle lane traffic and I merged over. However as I was merging over, I see a Pickup about 2 1/2 car lengths behind me accelerate and tried to close the gap as my Veh was over 3/4 of the way in the lane and he steered to the left and went back to the right so that he could hit my vehicle on the driver side lower rear of the quarter panel and the driver side bumper with the passenger side bumper of his vehicle. We both have the same ins company...in your opinion, who is at fault?

AdamZ · 02-26-2013, 01:20 AM

Ex-LEO - You're at fault unfortunately. If everyone was going 40 at the time he is allowed to speed up. Even if he takes you out in the process. Nice opportunity for him to win some money off you.

driyac · 02-26-2013, 01:32 AM

deny everything. You both will be considered "at fault"

Blk-Ice · 02-26-2013, 01:34 AM

Quote:

Originally Posted by AdamZ

Ex-LEO - You're at fault unfortunately. If everyone was going 40 at the time he is allowed to speed up. Even if he takes you out in the process. Nice opportunity for him to win some money off you.

Not without a fight he won't!

Blk-Ice · 02-26-2013, 01:35 AM

Quote:

Originally Posted by driyac

deny everything. You both will be considered "at fault"

CHMSC · 02-26-2013, 01:35 AM

It could go either way. You did not yield to traffic but yet he rear ended you so?

Blk-Ice · 02-26-2013, 01:39 AM

Quote:

Originally Posted by CHMSC

It could go either way. You did not yield to traffic but yet he rear ended you so?

Yea that's what my ins said after I reported it. They also said it would be based on what the other guy says and pics of the damage.

He11bent · 02-26-2013, 01:49 AM

Just so i can understand better, was everyone driving 40 in a 55 on a three lane highway or were they doing 55 and you were trying to merge at 15 mph less than the surrounding traffic?

Blk-Ice · 02-26-2013, 01:54 AM

Quote:

Originally Posted by He11bent

Just so i can understand better, was everyone driving 40 in a 55 on a three lane highway or were they doing 55 and you were trying to merge at 15 mph less than the surrounding traffic?

Everyone was going at approx the same speed and I was matching speed with the rest of the traffic while signaling and looking waiting on a good time to change lanes.

GnyaTek · 02-26-2013, 02:22 AM

Not a LEO here, but if he moved left to be able to hit you as he swung back to the right, is it possible that he would be responsible for failing to yield (effectively lane changing from far left into middle lane into the OP)?

Any indications (tire marks, debris, testimony) showing that he struck a sideways blow to OP's car?

It all comes down to how the investigating officer writes it up.

Blk-Ice · 02-26-2013, 08:59 AM

Quote:

Originally Posted by GnyaTek

Not a LEO here, but if he moved left to be able to hit you as he swung back to the right, is it possible that he would be responsible for failing to yield (effectively lane changing from far left into middle lane into the OP)?

Any indications (tire marks, debris, testimony) showing that he struck a sideways blow to OP's car?

It all comes down to how the investigating officer writes it up.

Thats the thing, in this case (minor fender bender with no injury) they dont do a report, they just make sure both partys exchange info and settle the issue with the insurance. I'm hoping that when they look at the vehicles they see what really happened.

Fiveg56 · 02-26-2013, 10:35 AM

It's your fault. Fail to yield.

LessSinister · 02-26-2013, 10:38 AM

I'm not a LEO, Ex-LEO or even thinking of becoming a LEO.

Were there any witnesses that hung around for the LEO to take statements or provide their contact info. to vouch for what happened? If not, if it's a side-to-side crash (not a rear end collision) then I see it as his word against yours and you both share the responsibility. If a witness saw him move left back to his lane and then right (hitting you) then he is 100% at fault as he intentionally hit you to get some money out of you/your insurance company. My 2 cents.

On the positive side it wasn't in your Camaro.

Fiveg56 · 02-26-2013, 10:43 AM

Keep in mind, we aren't hearing the full story either.

02-26-2013, 01:17 AM	#1
Blk-Ice 750HP of Twisted Reaper! Drives: Blk 2SS/Blk Carb Fibr NS-1 stripes Join Date: Oct 2010 Location: Northern VA & NC Posts: 2,244 View My Garage	Need LEO opinion/Advice.... I was in my SUV and I was traveling on a 3 lane HW in the far right lane. After watching the traffic in the middle lane with my left blinker on the whole time traveling at aprox 40 MPH in a 55 MPH zone, I waited until I saw a big enough break in the middle lane traffic and I merged over. However as I was merging over, I see a Pickup about 2 1/2 car lengths behind me accelerate and tried to close the gap as my Veh was over 3/4 of the way in the lane and he steered to the left and went back to the right so that he could hit my vehicle on the driver side lower rear of the quarter panel and the driver side bumper with the passenger side bumper of his vehicle. We both have the same ins company...in your opinion, who is at fault? __________________ *Fear the LMR Twisted Reaper Brotherhood!*

02-26-2013, 01:32 AM	#3
driyac Drives: 2012 45th Anniversary 2SS Join Date: Mar 2012 Location: West Chester Ohio Posts: 1,845	deny everything. You both will be considered "at fault" __________________

02-26-2013, 01:35 AM	#6
CHMSC ROAD COURSE JUNKIE Drives: 2012 SS/RS LS3 Join Date: Oct 2012 Location: Somewhere Posts: 4,868 View My Garage	It could go either way. You did not yield to traffic but yet he rear ended you so? __________________

02-26-2013, 01:49 AM	#8
He11bent Drives: 2019 2SS Convertible Camaro Join Date: Mar 2012 Location: Savannah, GA Posts: 678	Just so i can understand better, was everyone driving 40 in a 55 on a three lane highway or were they doing 55 and you were trying to merge at 15 mph less than the surrounding traffic? __________________ \(^^^)/ <--A Smile From He11 Escort 360 MAXX w/DIYGen5 hardwire Harness K&N AirCharger Cold Air Intake Sound Tube Delete

02-26-2013, 10:38 AM	#13
LessSinister Drives: 2011 - 2LT/RS Convertible Join Date: May 2011 Location: Ontario Posts: 202	I'm not a LEO, Ex-LEO or even thinking of becoming a LEO. Were there any witnesses that hung around for the LEO to take statements or provide their contact info. to vouch for what happened? If not, if it's a side-to-side crash (not a rear end collision) then I see it as his word against yours and you both share the responsibility. If a witness saw him move left back to his lane and then right (hitting you) then he is 100% at fault as he intentionally hit you to get some money out of you/your insurance company. My 2 cents. On the positive side it wasn't in your Camaro. __________________

02-26-2013, 01:20 AM	#2
AdamZ Account Suspended Drives: Eve - 2011 Camaro 2SS/RS Join Date: Apr 2012 Location: Fairfield, OH Posts: 11,814	Ex-LEO - You're at fault unfortunately. If everyone was going 40 at the time he is allowed to speed up. Even if he takes you out in the process. Nice opportunity for him to win some money off you.

02-26-2013, 02:22 AM	#10
GnyaTek Drives: 2011 SIM 2SS/RS Vert Join Date: Jul 2011 Location: Middle TN Posts: 1,128	Not a LEO here, but if he moved left to be able to hit you as he swung back to the right, is it possible that he would be responsible for failing to yield (effectively lane changing from far left into middle lane into the OP)? Any indications (tire marks, debris, testimony) showing that he struck a sideways blow to OP's car? It all comes down to how the investigating officer writes it up.

02-26-2013, 10:35 AM	#12
Fiveg56 Drives: - Join Date: Oct 2011 Location: MN Posts: 1,654 View My Garage	It's your fault. Fail to yield.

02-26-2013, 10:43 AM	#14
Fiveg56 Drives: - Join Date: Oct 2011 Location: MN Posts: 1,654 View My Garage	Keep in mind, we aren't hearing the full story either.