My Ins co said I was 50/50 then 80 % liable there Ins co said I was 100 % negligent. I feel that I wasn’t wrong because he hit my rear tire.

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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: Jan 16, 2012

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Insurance Question from Passyunk, PA

Asked on 01/16/2012

My Ins co said I was 50/50 then 80 % liable there Ins co said I was 100 % negligent. I feel that I wasn’t wrong because he hit my rear tire. Entered onto highway from on ramp. Two vehicles attempting to merge into one lane due to accident while entering lane is open. You follow open entrance lane about 150 feet then merge over two empty lanes , empty due to all cars in one lane, empty lanes where accident is. You wait to merge into main lane turn signal on while steadily 5mph moving forward (not moving towards lane). One vehicle passes, after vehicle goes by you begin merging into lane. After whole front half of vehicle or 2/3rds in main lane vehicle from behind rams into drivers side rear tire & fender , failing to stop

Answer given on January 18, 2012

In an auto accident the insurance adjusters get a statement from their client as well as the other parties involved and also review the police report. You don’t indicate if there was a police report, but the adjusters apparently have investigated the accident and with the investigation have amended the responsibility as they have moved forward.If you were merging onto the highway, then it is your responsibility to be sure it is safe to merge and to change lanes. Since there was an accident in the lanes, your responsibility increases to be sure your merging or changing of lanes is safe since the cars in the existing lanes may have to change lanes to avoid the accident.You should discuss the findings with the adjuster so you can understand the why they have determined that you are at fault. You can try to explain the situation to see if they will amend their resolution of fault, but you may not be successfull.

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