I was struck by a tractor trailer, blamed, got the ticket dropped and my insurance co won’t help. What do I do?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 8, 2012

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Insurance Question from Portsmouth, VA

Asked on 03/08/2012

I was struck by a tractor trailer, blamed, got the ticket dropped and my insurance co won’t help. What do I do? I was merging in tunnel traffic, checked my space, began to merge and a tractor trailer ran up the side of my car. I was charged with improper lane change without first checking safety of move. The ticket was dismissed in court and when I contacted my insurance co, they said there was nothing they could do as I only have liability. There is nothing I could have done to prevent this accident and feel I am being taken advantage of because I am young. The driver of the truck lied and said I hit him and that is what the cop went with. I have no idea of what I should do at this point. Please help!

Answer given on March 23, 2012

If you were involved in an accident that was part of a lane change, the accident will normally be considered to be your fault. Even though the ticket was dismissed, it does not relieve you of liability for the accident. Since you only have liabiility coverage, and no collision coverage, your insurance company will not pay for repairs to your vehicle.The truck driver’s insurance company will most likely deny your claim to them for damages to your car since you were the one making a lane change. Whether you struck the truck, or he struck you really doesn’t matter, since the truck had the right of way since he was in the lane. You can always try to file a claim anyway, but your insurance company will not assist you. It is up to you to file the claim. If you are unsuccessful, you will have to pay for the repairs to your car.

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