Expert: Richard Hixenbaugh - 2/17/2010

Question
Hi,

I work in a busy city here in Wisconsin.  One a Friday night I was on one of the busiest streets of all at approx. 5pm looking to turn onto the highway.  There is two lanes going each way, I am waiting in my lane for a green light when we can all take a left onto the highway.  So while we are waiting the light turns green so everyone starts moving a little bit and a guy comes from the other lane and completely cuts me off!  It wouldn't have been a big deal but he had to slam on his breaks to not hit the guy in front of him - I unfortunately didn't have enough time and rear ended him.  There were plenty of witnesses but all of them left without saying anything and the police report basically just says that I rear-ended the guy even know he cut me off.  The guy never got out of his vehicle to see if there was damage to his truck or anything, and I was waiting for him but he never stepped out, instead he made some calls.  Now my insurance calls me back and says that they talked to the guy, he says he had plenty of room to make the lane change in front of me and he is injured.  I can go out in this particular street at anytime at 5pm on any day and you can see how big the line is to wait to get onto the highway and it will clearly depict how this guy sneaked into my lane and now i feel like I will get screwed.

How do these cases usually end up going?  I have never been in an accident before or had any tickets and he has had some.  I guess I am just wondering what to expect moving forward here and if there is any chance for me at all - speaking as though I hit his back bumper.  And in case you were wondering - my bumper was cracked and that was basically it - I didn't hit him too hard at all.

Answer
Hi Zach,

Unfortunately, in this situation, I think you will be considered at fault. Not because you are at fault but because all of the evidence indicates that you are at fault. Since there are not witnessess and the police report indicates that you rear ended the other car, it's just your word aginst his.

You should just let your insurance company handle everything. The damage was minor which they will pay for and any injury claim will be settled for a small amount since the damage was minor.

In this case there is just nothing else you can do.

I hope this helps
Richard Hixenbaugh