My friend rolled his car, I have an insurance question

[NSX_GTR_LM]

My friend was driving her friends Toyota 4runner, and someone tried to switch lanes on him in the freeway, and she swerved to change lanes and it rolled a couple times and slid on the roof for about 50 feet. All four of my friends in the car were ok, only one broken elbow and some stitches. My question is that since she swerved to change lanes and not get hit, is it under collision and her fault? The car never made contact with her, but it obviously caused her to move in the other lane quickly. BTW, the other car left the scene and continued on, never stopping. Does that automatically make the other guy at fault? Thanx alot in advance

[kuruptgt]

hmmm i think the car's insurnce would have to pay since there is noone else to blame.

[NSX_GTR_LM]

I know it will be under his insurance, but whether or not it is her fault is the big thing, because then her rates would go up worse.

[oldster]

The insurance on the Toyota will end up footing the bill.

[RedNOSceli]

It's actually a 50/50 fault..Yeah, she swerved to prevent getting in an accident, but you sign a contract when you get a drivers license saying that "You must have complete control of the vehicle at all times." When she rolled the car she obviously didn't have full control of the vehicle she was driving. If you can't prevent a big SUV from rolling over when a quick maneuver like that takes place, then you shouldn

[R K e 1 C A]

http://www.nolo.com/lawcenter/faqs/detail.cfm/catID/C2B5FF79-6DD8-4FD5-85351429C56DCFFD/objectID/1A6F1518-57F1-4F45-9C02D45792C677EE


First let me say...damn that really sucks...Luckily no one was injured critically though.

First ?:
Did the cops show up and/or file an accident report? If so, any witnesses who got that other driver

[R K e 1 C A]

One more thing:
Yours friends should get everything worked out beforehand...then contact whomevers insurance company...just in case the insurance companies try and get them or make them pay for damages on a technicality or something.

[Personafied]

Red how the heck did you access the liabilty at 50/50. I am a legal agent for a huge insurance company. I dont want to mention the name of the company. The way I see it is, the other driver tried to change lanes and didnt notice his friend on the other lane. Wht was his friend going to do? Impulse is trying to avoid the accident. 100% at fault on the driver that tried to change lanes. If the other guy wouldnt have left the scene he could be responsible for the damages. The guy changing lanes is the approximate cause of the accident. It should be under the collison coverage.

[Willis5050]

This kind of thing happened to my friend, only to a lesser scale. Some old bag turned out right in front of her on a major road, and in order to not hit hit her, my friend swerved into a curb and screwed up her tire, wheel, and front suspension. The old bag kept on driving, and the cops and the insurance ruled that my friend was responsible for damages because she failed to keep control of the car. So I am in agreement with most here, your friend may have gotten screwed.

[elektrobeatz]

It's her fault, I once asked my insurance agent and she said, well.... you WERE behind the wheel and you made the decision to swerve so its an "at-fault" accident.......... f*cking bullsh*t........... but thats the way they will tell it........

[NSX_GTR_LM]

I have been trying to let him know that it will probably be on them in terms of fault, because its kinda like in PA when you swerve to miss a deer. Just hit the phucker and let insurance take care of it. If you swerve to miss, the rates go up if you wreck.


The problem is obviously people taking advantage of the system, it screws over people taht actually saved someone else.



They are just really happy to be alive, let alone not injured too bad. The worst off was the girl driving, she got stitches in her head and a broken elbow. This is all cmpletely secondary. I cant imagine they would be in the same position had they just "let" the car hit them. Thanx alot guys.

[autxr]

Yup, you got it, from an insurance stand point it is often better to hit the obstacle than avoid it.

Scott

[chameleon]

There are other options besides swerving sharply to avoid a car. When you see a car that doesn't see you, and they start to come into your lane like that, a lot of times its natural instinct to jerk the wheel to get away from it. But if she would have just stomped down on the brakes instead of swerving, she probably would have avoided the car that was coming into her lane and this wouldn't of happened.

Not that you have time to think about all that stuff when some one is about to run you off the road. I'm glad your friend is OK.

[CelicaDetective]

The accident could have been prevented if:

A. You were driving the speed limit. Come on, on the freeway.... sure no one drives the speed limit, but you were probably cruising pretty good.

B. How many people were in the car? Was the driver distracted? Chances are 100% of the drivers focus was NOT the road ahead and around.