Insurance company assigned fault to me for an accident in which I was hit?

Question

In the state of California I was driving on the 118 freeway when the car in front of me stopped abruptly. When I braked, my car slid to the left into the next lane of traffic. The driver there hit my car, sending it back into the lane. I immediately pulled over and waited to see the other driver stop. They never did. When I turned this in to my insurance company, they paid for the damage to my car (minus $250 of course) but said they would charge the accident off as my fault. This will cause my rates to go up so I really don't want them to do that. The agent said that since I did not retain control of my car and entered someone else's space, I am at fault. Do I have any chance of fighting this? Could I appeal this to the state Insurance Comissioner? anyone had any similar problems?

Thanks

Answer 1

when you said your car went skidding to other lane then is not maintaining control of your vehicle. You enter into somebody else lane without proper room. That is same thing when you rear end somebody cuz not enough braking room.

sorry

Answer 2

Hate to say it, but the insurance company is right. Drivers in adjacent lanes have an assumed right to travel in a straight line. Since you interfered with that, the fault was yours. It sounds like you tried to do everything to avoid the accident, but unfortunately you entered into another one. Either way, it would be your fault.

Answer 3

permit me see if i'm getting your description properly. There are 2 lanes. She's stopped interior the middle of the two lanes. To me, that shows she's straddling the dividing line. then you definately presented "somewhat better to the different lane". As we rigidity on the suited, i'm going to anticipate she's somewhat extra into the left lane? Say, 2/3 in left lane, a million/3 in appropriate lane? then you definately desperate that she's now no longer shifting, so then you definately proceed to pass her on the appropriate, even nonetheless she has a million/3 of the vehicle putting on your lane. Is that appropriate? Then as you progression her on the suited, she grew to boost into appropriate and top into you. Is that appropriate? Technically speaking, you *did* make an risky pass. In CA, the regulation in certainty says that "you're able to desire to bypass on the appropriate while the motor vehicle in front of you is making a left turn. while there may well be unobstructed pavement with the width of two or extra lines moving into the equivalent direction. If now no longer, you will would desire to attend." i do no longer understand while you're in CA or no longer, so this would a growing to be form of or will possibly no longer prepare to you. in spite of the undeniable fact that for sure, you do no longer understand which way that female is turning, and you will not have an entire lane to your self. as a effect, you somewhat could no longer have long long gone forward and take a seem at to pass her till you have have been given ascertained that she's no longer likely to bypass. on your distinctive case, i could propose you contain your very own coverage employer (you're insured, top?) and spot in the event that they are in a position to barter 75%/25% (in surely certainty, you bear 75% of fault for the bypass, yet they bear 25% for now no longer signalling and preserving up visitors) That usually ability you will superb be compensated for $3 hundred, do you ought to even get that plenty. in addition they are going to sue you for injury to her motor vehicle (scratch on the bumper).

Answer 4

yes the claim is paid even is the insured is at fault.

Answer 5

You sure can call the state
commissioner. If you were not cited which you should not have been you should stand a chance, but then we are talking about California.