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I was involved in an accident and am being found at fault by their insurance company, but I do not understand why.

We were both stopped at a red light. I was in the left turn lane. They were in the straight only lane adjacent to mine. When the light turned green we both turned left and they drove ahead of me into the lane I was turning into and I collided with the side of their vehicle before I could react.

Why am I being found at fault when they weren't suppose to turn left?

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  • Which country are you in? Commented Jul 29, 2020 at 7:59
  • What does your insurance company say? Commented Jul 29, 2020 at 11:48
  • US, I am licensed, but do not have insurance. I was driving a family member's car. They were incapacitated and asked me to go get medical supplies around the corner, which was a bad decision. The bad decision is not having insurance, but I live on campus and don't have to drive or own a car.
    – redsunx
    Commented Jul 29, 2020 at 23:46
  • Well, it looks like you changed lanes while turning resulting in a collision- almost certainly you are at fault. You can argue that you are both at faults and suggest you each pay for your own repairs - that might work.
    – Dale M
    Commented Jul 30, 2020 at 0:51

2 Answers 2

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An insurer can’t find anyone at fault

An insurance company cannot find you or anyone else at fault - they don't have the power. They are alleging that you are at fault and, presumably, demanding damages.

Whether you are at fault or not is a matter for you to concede (by paying them) or a court to determine based on the evidence when they sue you (or you sue them for your damages).

The other driver’s insurer only knows what they have been told and it’s likely the other driver genuinely believes they were not at fault and, based on what you say happened, they may very well be right, or at the very least, that both drivers were at fault. For example, it’s not clear if you turned from the left most lane into the left most lane as you are required to do or if you changed lanes during the turn. Notwithstanding, it sounds like you drove into them (that is, the front of your car was behind the front of their car) and the fundamental rule of driving is don’t drive into things - failing to avoid a collision is a go to offense in all driving rules.

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  • There was only 1 turn lane and I did turn into the middle lane. I did not know you had to turn into the inner lane even when there are no other cars turning. I'm not sure if I "drove into them". They were going faster than me, drove past my front end and tore my bumper off.
    – redsunx
    Commented Jul 29, 2020 at 22:14
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The insurance companies are likely factoring in probability of occurrence and likelihood of avoidance. Ask yourself how, not of, the accident could go been avoided and then put yourself in an insurers position.

A few questions to ask yourself:

  • How could I / the third party have prevented the incident?
  • How can I prove I was in the right without any doubt?
  • What difference would it make if I was able to prove, I've way or another, who was at fault?
  • If I was even to 10% to blame, is this worth your time in court/ speaking with claims adjusters to challenge what happened?

Either way, sincerely best of luck with the end result.

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  • To avoid the accident I would have had to of been aware the car was turning left at the beginning of the turn by watching my right mirror, because by the time I realized they were passing me I had already hit the side of their vehicle. okay thank you
    – redsunx
    Commented Jul 29, 2020 at 0:19
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    @MCUrist road rules require you to be aware of other traffic.
    – Dale M
    Commented Jul 29, 2020 at 1:08
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    If the road you were turning into had 2 lanes in your direction of travel and you turned wide--not directly into the left-hand lane--that may be why they're claiming you're at fault.
    – mkennedy
    Commented Jul 29, 2020 at 3:12

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