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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Customer Question

I was forced off the road by another driver, the WSP charged the other driver with "unsafe lane change" and ruled it to be the fault of the other driver. we both have insurance mine says it was no fault of mine, the other drivers will not except responcibility because he says it wasnt his fault and are going to side with there policy holder. what can i do now?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

I am very sorry to hear that you are in this situaton. What state did this occur in? How much damage did your vehicle incur? Did you sustain any injury yourself?
Customer: replied 4 years ago.
washington, i can send you a copy of the report from the WSP
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

My apologies but that won't be necessary, police reports are generally deemed 'hearsay' and are not admissible in court. Could you respond to my other questions, please? The information there will tell me of your most ideal options in this case.

An additional question, if I may. Have you spoken to your insurance and requested that they pursue the other party on your behalf?
Customer: replied 4 years ago.
not in those words but yeah without having comp they are not helping at all i have farmmers and they have progessive
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

Got it, you do not have comprehensive and the insurance carrier is refusing to pursue. Can you please tell me what injuries you or your vehicle suffered--that is really the most important question and you have yet to provide me with that information. I am asking to figure out where and hwo you would need to pursue your interests. Kindly advise!
Customer: replied 4 years ago.
here is the narrative...
units one (them) and unit two (me) were traveling southbound on I-5. Unit one was in lane two of three while unit two was in lane three of three. unit one made a lane change from lane two into lane three without making contact with unit two. this lane change caused unit two to swerve to the left to avoid a collision and strike the cable barrier.
so the front left side of my car it severly damaged most likely a total value 6000. I had a passenger who went to the ER the next day with neck pains.

Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your follow-up.

That does give me the information that I was seeking, thank you. Please allow me to summarize your options and also some potential concerns.

1. The fact that you were not directly hit is not indicative that the other person is not at fault. While direct contact would have been better from a legal and personal injury perspective, you can still make a direct claim that 'but for' his reckless behavior, you would not have swerved and would not have consequently suffered damages. If your insurance company is refusing to cover you because this is outside of your scope of coverage, you have the right and the ability to take this person to court directly yourself. The problem is that the small claims court can only hear cases of up to $5,000, so if you wish to sue him personally and without the help of an attorney, you would need to make your claim less than your damages. Otherwise you would need to take him to a higher court and potentially get an attorney to assist you. You also can speak with a personal injury attorney to see if they can negotiate for you and pursue the the party for damages. Based on your insurance coverage that is not likely to help as most attorneys would likely pass on this case, but it is possible.

2. The major concern here is the passenger. Since she was driving with you, she has the ability to file suit against the owner and the operator of the vehicle in which she was injured (meaning you). I cannot tell you if she will, but under state law she can do so. She also can bring a separate cause of action against the other driver for her damages and also use the 'but for' argument above to claim that he would be liable to her for damages.

Hope that helps.