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P. Simmons
P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 32824
Experience:  12+ yrs. of legal experience.
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My car was t by a commercial truck who merged into my lane

Customer Question

My car was hit by a commercial truck who merged into my lane without having enough space for the truck. The police officer stated that he was at fault because he was merging into my lane. When I contacted his insurance, travelers insurance, they told me that according to the testimonies from the other driver and myself and picture of the damage, they were denying liability because I had "caused the accident". I told them that I honked and was stopped when he hit me but the agent impliedthat I was lying. The other driver would not pull over so I called 911 and followed him to his work parking lot. While I was on the phone with 911, the driver yelled "you think that you need to give way"? When the officer got there, the driver tried to deny hitting me but the officer told him there was paint on his bumper. I want to avoid getting my insurance involved to prevent a premium increase. What are my options? This happened in my home town of Las Vegas, NV.
Submitted: 7 months ago.
Category: Traffic Law
Expert:  P. Simmons replied 7 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

If their insurance will not pay and you do not want to claim on your insurance? Your sole recourse is to sue. You can sue the company (the company that owns the truck). If you can prove that they caused the damage? You can obtain a judgment to recover for your damages

Please let me know if you have more questions. Happy to help if I can. Otherwise please rate the answer so I may receive credit.

Customer: replied 7 months ago.
Would the police accident report and traffic rules stating that the vehicle merging into a lane is responsible to give way be enough proof in front of a judge or would I need further proof.
Expert:  P. Simmons replied 7 months ago.
That would be a great start. That is, if the police report indicated the track was the one who caused the collision? That can help prove the case for you. Also, you can testify as to what happened.