If someone swerves into your lane and hits you because they are avoiding another car, who is at fault? The insured said the other car left the scene.

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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: Nov 11, 2013

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Insurance Question from Houston Lake, MO

Asked on 11/11/2013

If someone swerves into your lane and hits you because they are avoiding another car, who is at fault? The insured said the other car left the scene. American Family is only willing to pay me 25% of my damage to my car. I got spun around and went into the median. The insured creamed the side of my car and my car did no damage to any car. I'm in Missouri

Answer given on November 14, 2013

If another car swerves into your lane, for any reason, and strikes you, then the insurance company for the other party should pay for the damages to your car in full. The other driver still made a dangerous and illegal lane change and you had no responsibility for the accident.If you have full coverage on your car, you might try filing a claim under your policy. Your company will pay for your damages, less the deductible, and then go after the other insurance company for the damages. If they successfully recover the damages your deductible will be reimbursed. Your insurance company will definitely want their money reimbursed so will work to get the money back.If you don’t have the coverage, or the deductible is too high, try speaking to a supervisor of the adjuster. They may ask if you saw the other car in question. If not, then their driver could be considered to be at fault for the accident since there would be no confirming statement of the phantom car that caused the chain of events.

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