Expert: Charlie Barone - 2/16/2010

Question
Hi my name is Vuong. After my recent car accident I've been really stressed. The other driver claimed that I was at fault. In the accident my car was hit from behind after I switch lanes and I do believe that both sides are at fault. The driver told me he was going 75 on a 65 mile speed limit on the interstate. I was at fault for switching lanes without watching the other lane, but the other driver was going way over the speed limit. Wouldn't the other driver and me be both at fault for negligence? How would both of our insurance companies deal with the damages? I need answers and I would really appreciate your help?

Answer
I assume the police were not involved and the other party's speed was not a matter of record in the accident. As for your part, say as little as possible wtih respect to switching lanes, i.e. signalling properly, and using your mirrors to be sure that his car was fully visible in your right side mirror before you moved into his lane.

If you need to establish your version of events legally, take the other party to small claims court and make your case in front of the magistrate. The other side may not admit to speeding 10 mph over the limit in court, so bring as many witnesses or proof of that admission to court.If the judge rules in your favor, the other driver's insurance will pay 100% of the costs of repairs.