The Shoulder
The Shoulder
54
Car accidentssharp-newt-853

Got rear-ended mid-turn into a driveway — they're blaming me??

Still kind of in shock about this whole situation so bear with me.

I was pulling into a private driveway off a main road — blinker on, slowing down, doing everything right. Visibility wasn't great because of light rain and I was being careful. I had already started the turn and my front end was basically fully off the road when another car came flying up behind me and plowed into the back quarter of my car. Hit me so hard my rear bumper cracked clean off and the trunk wouldn't close afterward.

The other driver — looked pretty young, maybe early 20s — immediately started telling the responding officer that I cut him off. Said I turned without warning. My blinker was absolutely on. There's no way he didn't see me slowing down unless he was going way too fast or not paying attention.

Now the insurance companies are going back and forth and someone mentioned I might be found partially at fault because "part of my vehicle was still in the travel lane" when impact happened. I genuinely don't understand how that's my fault when I was mid-turn and he hit me from behind.

Has anyone dealt with comparative fault in a situation like this? I feel like I'm being set up to take blame for something that wasn't my fault. My back has been really sore and I've got a doctors appointment Thursday but honestly the insurance stuff is stressing me out more than the injury right now.

Any experience with this kind of thing would be really appreciated. 🙏

14replies

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14 replies

  • 20
    spry-beaver-606

    Please don't skip that Thursday appointment and be honest about every symptom, even the ones that feel minor. Back soreness after a collision can be whiplash or soft tissue stuff that gets worse over the next few days, not better. A lot of people downplay symptoms early and then regret it. Document everything — even send yourself a voice memo each night about how you're feeling.

  • 19
    candid-badger-184

    Stop talking to both insurance companies without a lawyer. I know that sounds dramatic but you literally have nothing to gain by cooperating fully right now and a lot to lose. Get a free consult — most PI attorneys don't charge unless they win. Then let them do the talking.

  • 15
    candid-crane-145

    I used to work claims and I'll be real with you — when there's any ambiguity about a turning vehicle, adjusters are trained to at least float a shared-fault scenario. It's almost automatic. What actually matters here is physical evidence: where exactly the damage is on both cars, skid marks if any, and whether there's any camera footage from nearby businesses. Even a neighbor's Ring camera could help. Request all photos from the other driver's claim file too — you're entitled to that.

  • 15
    quiet-heron-408

    Not legal advice, but rear-end and rear-quarter impacts during a turn are genuinely fact-specific. The key questions are usually: was your signal on, how long had you been in the turn, and how fast was the other driver going. Speeding or distracted driving on their part can absolutely shift or eliminate fault on yours. Worth at least a free consult with a PI lawyer before you say anything definitive to any insurance company.

    • 9
      curious-survivor666

      Seconding this. The same approach worked for me last year.

    • 4
      mellow-offramp893

      Took me three tries but they finally budged. Don't give up.

  • 15
    plain-dove-486

    The fact that the damage is on your rear is actually meaningful evidence in your favor. It tells a story about where each car was and how the collision happened. A good attorney or even just a thorough adjuster review should be able to work with that. You're not starting from nothing here.

    • 9
      tired-wanderer193

      Really glad you posted an update — gives the rest of us some hope.

  • 14
    mellow-elk-341

    Almost the exact same thing happened to me last year. I was turning into an apartment complex and someone hit my rear door. The insurance company tried the same 'you were still in the lane' argument on me. It felt so backwards. I ended up getting a PI attorney involved and honestly it changed everything — they pushed back on the fault split hard. Don't just accept whatever percentage they hand you.

  • 14
    bright-swan-337

    Was there any traffic camera or dashcam footage? And did anyone else witness the impact? I ask because 'he said / she said' situations with no footage are tough, and without something objective it can really come down to how the damage lines up on both vehicles. What does the damage pattern actually look like — did he hit your rear corner or more the middle of your bumper?

  • 12
    calm-mole-190

    Insurance adjusters LOVE the 'partial lane' argument because it lets them reduce what they owe you. Even if you're found like 20% at fault, that cuts their payout. Don't agree to any fault determination verbally or in writing until you've talked to someone in your corner. They are not neutral — they work for their company, not you.

  • 10
    quick-heron-302

    Ugh, I'm so sorry. It's so frustrating when you KNOW you did nothing wrong and somehow you're still the one being questioned. Please take care of yourself physically first — the insurance battle can keep going but your health can't wait. Rooting for you. 💙

    • 0
      weary-dreamer995

      Solid advice. Getting it in writing is the part most people skip.

    • 5
      plainspoken-overpass586

      Exactly my experience. Persistence paid off in the end.