Who is at fault for this accident?

by Lauren
(New Jersey)

I was behind A car that was making A LEFT, I waited A minute or two. I decided to pass the car waiting to make the left,. I looked, put my blinker on to pass on the right, witch would be in the shoulder of the road. I looked to see if any cars were coming, there were 2 or 3 cars behind me , I put my blinker to pass the car making the left.

I put my blinker to show that I was passing to the right . I Looked and went to pass the car making the left in front of me. Then A car drove down the shoulder of the road and a accident happened. The other driver kept going about 150feet, then stopped and pulled over. The front of my car was taken off headlights, bumper, grill.

The police were then called. The police put me as driver 1 and the other car driver 2 .We both got improper passing. I also had on the police report, driver inattention. No ticket were given.

WHO is at fault ? NJM there insurance company said they are not legally responsible under applicable law.


Answer to Loss of use coverage


Hello Lauren,

Probably both vehicles are a percentage at fault. Both were ticketed for making an improper passing. Read your state code, but it is unlikely that passing on the right is legal (or you would not have gotten a ticket).

Talk to your insurance company to do an investigation and see what percentages they come to. If they disagree with the other carrier, then they can go to arbitration.


Good Luck,
Auto Insurance Claim Advice