How to determine fault in a fender-bender?

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How to determine fault in a fender-bender?

I was pulling out of a school, and as I came around the corner another car collided with mine. The other driver says that they were in the left hand lane the whole time. I am 99% sure that they were in the righthand lane and wanted to change lanes, then collided with me. We didn’t call the police; the other driver had to go to work. They left the scene first. I offered my insurance info but they said no it should be fine. Later I went to my insurance agency and told them the details. They have the case on hold. My questions are: (1) who is at fault? (it is my word against the other driver’s; and (2) what will happen?

Asked on November 2, 2010 under Accident Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no way that someone in this type of forum can tell you who they think was at fault for this accident.  Someone would need to look at the scene , look at the damage to the cars, etc., and even then it may not be clear.  What I am concerned about here is that generally speaking you have an obligation to report an accident.  It does not matter that you are late for work.  If you intend on doing anything about your car and to make a claim then you need to file a police report, even after the fact.  Then seek legal help in your area to determine liability.  Good luck.


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