Traffic Accident .. Please Read?

Question

Ok, so yesterday (where there was road construction) .. I was driving in the left lane and the right lane had an arrow up that said "MERGE LEFT" .. so, the lady merged into my lane and hit me!
I'm 6 and a half months pregnant and had to spend 6 hrs. in the ER hooked up to monitors to monitor my baby to make sure he was ok.
The lady said, (and told the police officer) .. she MERGED because her lane said MERGE therefore she isn't at fault??
what the heck?
SHE MERGED INTO MY LANE .. I HAD THE RIGHT OF WAY!
how can she claim that I was at fault?? I was in the lane she MERGED into!
Now, I have to battle it out with the ins. company.
(there is damage to my right passanger side next to the head light and damage at the back of her car on the driver side where she came right into me. she gunned it which caused my car to shake and caused dents and scratches to my car).


any suggestions??

Also,
When she hit my car ... it caused our cars to be lodged together .. and when she came up to my car to get the insurance info. .. I told her I was on the phone with the police and she started screaming at me to move my car! I didn't want to move my car so the officer could see how she hit me .. so she got in her car and threw it in reverse and hit me again!
how could she possibly say I was at fault??

*I didn't receive a ticket .. I was restrained in my car by the paramedics .. I didn't even get to talk to the police.
I'm not sure if she received a ticket or not?
There were no witnesses, it happend around 12 noon and everyone was on their lunch break and didn't stop.
I didn't want to move my car until the police arrived.
But this lady was so eager to get her car out of the position it was in (which showed complete fault on her part), she hit my car again!

Answer 1

She sounds crazy. I wouldnt worry too much about this. You can see those traffic cones telling you to merge well in advance. Unless she is the biggest dope in the world that is. She is probably one of those people who merges at the last minute all the time so as not to get stuck one second longer than she has too.

Answer 2

O.K. Deep cleansing breaths...
Everyone is Ok? That is all that matters.

Take this step-by-step. Here are some thoughts; but, if your state is a no-fault state, then the process may be a bit different.

First, get a copy of the police report. Get the entire report including statements. Be insistent. The police may not have created a report. Make them do so.

Second, call your insurance agent and get a sworn proof-of-loss statement. Get it now. Typically, your policy will give you only 60 days to mail this to them.

Third, nothing verbally or by telephone. Repeat this, nothing by phone. Estimates for repairs - in writing. Contact with her insurance company - in writing. Nothing verbal.

Fourth, contact her insurer and establish a claim number. The insurance co. will assign a representative. WRITE to this person, include the police report, and the estimate for repairs, and the fact that you are expecting. Don't write anything long about the accident. Copy this letter to your insurance company adjuster.

Fifth, do not agree to give a recorded statement. Do not sign a release for personal injuries. Do settle the property damage portion for the highest amount of your estimates.

You do not have to battle it out with the insurance company. Your own insurer can pay the claim and get a right of subrogation from you to pursue the other driver and her insurer without much involvement from you.

Don't argue liability with the adjuster. If they tell you verbally that they are looking at the "liability" issue, then tell them you want them to write to you declining the claim and why they are declining it. Again, don't argue. It is not worth the effort. Just adopt a no-nonsense attitude: "It was her fault. She must repair the car and address my damages. I will not argue with you or listen to you suggest it was my fault." Never threaten the use of a lawyer. Set a self-imposed deadline tell the insurers you want the matter resolved in total by this deadline and if it is not you will consider other options.

Answer 3

Did the police issue any tickets during this? That would be something that you should check into. Also, since it is a constuction zone, get pictures of where all of this happened. Maybe even video tape it. Who knows when they might finish construction and the street is returned to normal. If a person is changing lanes, then it is that person's responsibility to make sure that the new lane is clear. Just swerving over because a sign said merge is just plain stupid driving.

I will bet that your insurance company will make sure that she is the responsible party. However, I would also bet that your rates may go up some even though it was her fault. Depends on how good of an insurance company you have.

Answer 4

When she hit you the second time, after getting out of her car, she hit you again? That my dear is assault! Get a lawyer right now. He will collect when you collect, so there are no fees. What did the police say? Did you get a ticket? Can you get someone to take a picture of the merge sign? If what you are saying is correct, then you have damages to claim, especially being pregnant. Even if you did get a ticket which I can hardly believe if what you are saying is correct. An attorney can fight this for you. And the more pictures that you can get of the site and of just where your car was hit, is all the better. What I don't get is her hitting you again. That is pure evil.

Answer 5

I have some very bad news for you: Merging traffic has the right of way, so you were at fault. This is a common error that people make -- they think that the people who are already on the freeway or in the lane have the right of way in a merge situation. They don't, especially in a road construction situation (the people who are already in the clear lane are obligated to make room for the people in the merge lane who are about to run out of room). You can try to argue it with your insurance company, but you'll lose.

Answer 6

Did you take pictures? Were you given a ticket? Were there any witnesses? People who are merging into another lane are supposed to yield. I would suggest you go back to the site of the accident and take pictures of the site. Then take pictures of your car and her car, if you can get them. The damage to her car should be on the left side and your damage should be on the right side which would corrorborate your story. You can get an attorney if you were given a ticket. Otherwise your insurance company should be helping you and should be working to subrogate your claim.

Answer 7

if she hit u again on purpose this time, it's called assault if u r in the car. u should notify the police of the fact.

go back n take lots of pictures for the police n insurance of the road n merge sigh as well as your damage.

merging is valid when traffic conditionals are clear cause she didn't have the right of way. if she said she didn't have anywhere to go but merge, it's still her fault for waiting till the last minute cause i'm sure there are ample warning signs ...take photos of whre these are as well

Answer 8

Witnesses?? In a construction zone there might be workers present. Check and see. They won't necessarily come forward. A good investigative officer could tell, but find one, and you've found the needle in the haystack. They don't really investigate the accident. They clear the scene and like you say, let the insurance company fight it out. Go back ASAP and take photos before the scene changes much. Take care of yourself and remember - the typical settlement for pain and suffering is three times the actual bills. Whatever your hospital bill is times three is what you should ask for your injuries. Plus your car.

Answer 9

Woah, she's crazy. Your insurance company SHOULD do all the fighting for you on your behalf. It's her fault. There were probably signs warning her to merge long before she tried to. Allot of people think they can "scoot in" where ever they want at the last minute. Obviously she didn't see you there which would make her at fault. Don't stress about it, your in no condition to deal with this problem. Let the insurance company's hash it out, that's what you pay them for.

Answer 10

although she was coming into your lane-the responsibility to ensure safe passage into your lane was hers-not yours. (the same as pulling into a main road out of a side street-you must not proceed until it is safe to do so) furthermore as the poster above says she should have observed the construction signs and merged in sooner.