The Shoulder
The Shoulder
52
keen-mole-074

Sideswipe at a freeway exit — both of us claim we were in our lane. Who's liable?

Still kind of shaken up so bear with me if this is rambly.

So yesterday I was taking an off-ramp that splits into two lanes at the bottom — left lane goes straight toward the intersection, right lane is a dedicated right-turn only. I was in the left lane, where I always go, doing my normal thing.

Out of nowhere I feel this jolt and hear that horrible scraping metal sound. We both pull into a nearby parking lot. My damage is along the entire left side of my car — deep scratches from roughly my driver-side mirror all the way back to my rear quarter panel. The other driver has damage on his right front bumper and fender.

Here's where it gets murky. He's insisting I drifted into his lane. I know I didn't — I had just come off the ramp and the lanes are clearly marked with paint and those little reflective dots. My instinct is that he was trying to jump ahead of me into my lane and misjudged the gap.

No witnesses stopped. There's a traffic camera on the signal light at that intersection and I'm wondering if it actually captures anything useful, or if those only track red-light violations.

We exchanged info and I filed a report with my insurance same night. The other driver was pretty aggressive at the scene, kept repeating "you hit me" over and over even though the damage patterns seem like they tell a different story to me?

Has anyone dealt with a he-said/she-said sideswipe like this? How did fault get determined? I feel like I'm already getting nervous about what the adjusters are going to say.

13replies

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13 replies

  • 11
    gentle-elk-406

    Please be really careful about what you say to the other driver's insurance when they call you. And they WILL call you, probably soon. They are not on your side, they're trying to build a case for their client. You don't have to give them a recorded statement. Seriously, don't agree to record anything without thinking hard about it first. They'll make it sound routine and friendly.

    • 10
      tired-wanderer833

      Appreciate the detailed write-up. Saving this for later.

    • 1
      level-road-soul923

      Thank you both, this gave me the push I needed to make the call.

  • 22
    wise-seal-643

    Former adjuster here. The damage pattern you described is actually pretty telling — adjusters are trained to map contact points to figure out the direction of travel at impact. His right front into your left rear/side is consistent with him moving laterally toward you, not you moving toward him. That said, without a witness or camera footage, this will likely end up as a comparative fault call where both insurers split it. Frustrating but common with sideswipes.

    On the traffic camera question — those intersection cameras usually do record full video, not just still images for red-light violations. It's worth asking your insurance rep to formally request the footage quickly, because municipalities often only keep it for a short window, sometimes as little as 30 days.

    • 10
      patient-driver545

      Going through something similar right now. Did following up actually move the needle for you?

  • 16
    daring-badger-518

    Definitely push on that camera footage angle — and do it in writing so there's a record of when you requested it. Some cities have a formal public records request process for it. Also, check if there are any businesses nearby with exterior security cameras facing that ramp. Gas stations, fast food places, convenience stores — they often have cameras covering their driveways that might have caught part of what happened on the road. It's a long shot but worth a few phone calls this week while the timing is still fresh.

  • 11
    genuine-wren-605

    Not legal advice, but damage pattern evidence in sideswipe cases is something attorneys use regularly to counter a conflicting account. If the other party's insurer tries to assign you majority fault based only on his statement, that's not the end of the road — you can dispute it, request re-inspection, or involve an independent appraiser. A free consultation with a PI attorney wouldn't hurt just to understand your options before you sign off on anything.

  • 20
    tidy-owl-476

    How are you physically? I know you said shaken up — sometimes the adrenaline masks soreness that shows up a day or two later. Neck, shoulders, and lower back are the usual suspects after a side impact. If anything starts hurting, even mildly, please see a doctor and make sure it's documented and connected to the accident. Don't just tough it out and assume it'll pass.

  • 17
    tidy-vole-491

    Ugh that sounds so stressful, especially with him being aggressive at the scene. You stayed calm and did the right things — filed a report, took photos, exchanged info. That already puts you in a better position than a lot of people. Rooting for you that the camera footage comes through.

    • 7
      steady-rider957

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

  • 15
    humble-marten-151

    Stop talking to anyone except your own insurance company until you know where this is headed. Don't post the photos publicly anywhere. Don't respond to the other driver if he contacts you directly. And get that intersection camera request in TODAY — not next week, today.

    • 6
      curious-passenger849

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

  • 18
    silent-marten-159

    I went through almost exactly this about two years ago — same kind of split lane exit, same finger-pointing. Honestly the damage locations ended up being the thing that settled it. If his front bumper hit your driver's side mirror and rear quarter, that actually suggests he was moving INTO your lane, not the other way around. An accident reconstructionist my attorney brought in explained it to me like: the car that gets hit on its side typically wasn't the one doing the merging. Hang onto every photo you took.