Whose fault is it?

Question:
I got into a car accident in front of a school where it is only one lane where you go to pick up your kids and I drive a big car so it took up most of the lane. I was driving really slow like 5mph and all I noticed was that I had hit something when I started to speed up. It was a little car on my left side that was trying to get in front of me. They are trying to say that it is my fault but I think that its theirs because its one lane and they were trying to get in front of me. Also because I wasn't parked at all I was just driving really slow and they tried to get in front of me through the left side. So I just want to see what people think about whose fault it is.

Answers:

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It's theirs for trying to pass in an aisle that doesn't adequately accomodate two cars.

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If there is a dispute, be it between the two of your or the insurance co's, go back with your vehicle. Put it where it was before and take a clear photo that shows there is not enough room for another vehicle to pass on the left. Send it to both co's.

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The next thing that could happen is he could say YOU were trying to pass HIM. Where is the damage on your car? If it starts at the back and doesn't go all the way to the front, this means he approached from behind you. Your insurance will look at the points of impact in this case to find you are clearly not at fault, despite what he may say happened. The evidence/damages will prove otherwise.

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Best of luck!

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i would think it would be there fault if there trying to pass you on the left when its only one car lane how much more do they want when trying to pass
there at fault by my law

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Sounds like their fault one lane is one lane no matter the size of the car.

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not yours

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If other people are being pushy or cutting "in line", of course it would be their fault. You are being patient, waiting to pick up your kids; while most others are coming from work in a rush, picking their kids up by cutting "in line".

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Well I don't have all of the information to really say. If it's one lane and you were traveling there then the other person caused it by trying to pass you. If you'd been stopped kind of off to the side and started out when she was going past you (which there was obviously enough room to do) then you have negligence as well. The law of your state would determine if you can recover. If there is contributory negligence then if you're even 1% negligent you get nothing from the other person. If it's comparative, and depending on which kind, you may be able to recover less your % of negligence. A good insurance investigation will help determine this; don't go by what people say here as we don't have all the evidence.

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This happened on school property so the laws of the road may not even apply here. Are there any witnesses? It sounds as if he/she was attempting to 'pass' you on a single lane roadway in a loading/off-loading zone on school property. Tell your adjuster everything you can think of concerning this situation and hope for the best.

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Its probably going to come down to where the damage is on both cars. I'm sure the other party is saying they were directly in front of you and they were directly rearended. If their damage is more to their right rear and your left front then you have a defence. stick to your guns.
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