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If another car tries to get around you and side swipes you breaking the driver side mirror and damaging the wheel well and rim can the adjuster know who hit who first?

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Wiki User
2007-05-11 07:29:46
2007-05-11 07:29:46

I hate to say, but a sideswipe accident is the worst to have for determining fault. The adjuster may be able to tell some information from the statements of each driver. For example, if the other vehicle passed you and pushed your mirror forward(it may not have happened this way but just for an example), and the other driver gives a false statement saying you were comming over so he hit the brakes then there is some evidence that he may not be telling the truth. If the other driver gives a statement that he saw you braking and comming over then there is no way to prove one statement over the other. The best thing to do in a sideswipe accident is to allow your insurance company to handle the loss. They would accept your statement over the other drivers statement and should not indicate you at fault. Your rates are another story I am not qualified to speak about. Some states allow an increase in rates for any auto accident regardless of fault. If you do file with your insurance company, you will be out our deductable(sorry for something that is not your fault!). In most accidents that you are not at fault, your insurance company will subrogate(attempt to get their money and your deductable back) but if the damages could have happened either way, your insurance company may not do so or they may reach an agreement with the other persons company for each to handle their own damages. It is not that they don't want to "go to bat" for you, but it is not reasonable for them to incur additional expense for a decision that is basicaly a coin flip(and they may even loose). I am not familiar with accident reconstruction work but unless there were extremely bad injuries, don't expect it to go to this level. Good luck and I wish I had better news to give you

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