Expert: webfoot - 12/13/2006

Question
Sorry but I forgot to mention that there was a wide shoulder between the right-most lane and the guardrail.  I think she tried to avoid me and went on the shoulder but hit my car on the side.

Thank you very much for taking the time to answer my questions!
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The text above is a follow-up to ...

-----Question-----
I was in a car accident last week.  I was driving down the 2nd lane from the right on a highway, and the car in front of me stopped very abruptly.  In order to maintain a safe distance I checked my blind spot and mirrors to make sure there were no cars, and then I changed lanes.  A few seconds later, a car hit my car on the right side, and then went past the shoulder and hit the guard rail on the right and back on to the rightmost lane around two car lengths in front of my car.  I¡¦m not sure exactly what happened, but I have damage on my car on both doors on the passenger side.  On her car, the damage was on the top left of her bumper/fender area, and also the front right wheel which was damaged when she hit the guard rail.  I think there might have been some damage to the back on the bumper on the right.  She might have been speeding as there was a truck stopped around 100 meters ahead on the right lane and traffic was slow.  

I need to talk to the insurance company very soon.  At the collision center, the other driver said I came out of no where and hit her and I know she will be telling this to the insurance company.  There were no witnesses.  It was definitely clear when I switched lanes.  How can I prove to insurance that I was not at fault?

-----Answer-----
From the damage that you've described to the two vehicles, I'm not sure what you could do to prove anything without a witness.  If you were in the curb lane, I don't see how this person could have hit you unless they were driving down the sidewalk.  
Without seeing the vehicles myself along with the scene and the police report, I'm really not sure what to tell you.

Answer
There is really nothing that you can say other than the truth the way to remember it.  I would go to the scene and measure the width of the shoulder You may also want to stay there for awhile and see if you can observe/photograph other vehicles trying to use the shoulder as an extra, right hand passing lane.  This will at at least show if that is what could have actually happened and will be additional info for you to share with the insurer.  This excercise may also give you a different perspective on the situation as you will likely see many other drivers making similar moves and having close calls.

Also keep an open mind that there is a chance that this other car was coming up fast and you may have simply not see it until you were half way over and by that time, the other car was losing control to avoid you.  

The insurers should examine both vehicles before making a decision an may need to do a scene investigation.

Good luck!