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This answer was rated:

When I had my last accident and totaled my car, it was

trying to avoid an accident...
When I had my last accident and totaled my car, it was trying to avoid an accident as some car had sprung in front of me.
If I am driving in my lane and a car tries to cut in front of me, I don't try to avoid a collision, whose fault it's going to be from
the insurance point of view.
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Answered in 1 day by:
3/19/2018
Wendy
Wendy, Moderator
Category: Traffic Law
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Customer reply replied 4 months ago
I won't mind a response.
Pay per question did get me an immediate response but monthly membership turned out to be not worth it. That is why I cancelled it.
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 125,864
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry for the delay you experienced, the experts are not site employees so we have no control over when questions appear on our lists. I do apologize.

If you are in a lane of traffic and a car cuts into that lane and a collision occurs, as the car already established in the traffic lane, you would be the car with the right of way in that lane and would be the car in the right. Of course, you are expected to try to avoid the collision if you can safely do so, but if you do not try to avoid the collision, you are still in the right if you were the car established in the lane of traffic and the other car entered that lane.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 125,864
Experience: Attorney with over 24 years of law and traffic law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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