Here is the footage from my dash cam, the other vehicle (Grey SUV) comes to a stop next to me a 0:23. Then, the driver proceeds to cut me off, merge half-way into my lane, and suddenly comes to a stop without any visible cause/reason, causing a collision. I was still found to be 20% at fault for this. Sorry about laying on the horn, please turn down your volume:
https://www.youtube.com/watch?v=Nz3d...ature=youtu.be
The background is, I have merged in front of him with the flow of traffic, as I was making my way from right to left in order to make a u-turn very soon.
The other driver stopped next to me even though his lane was clear. He proceeds to rage at me, yells, and makes obscene gestures at me. The angle of the camera isn't wide enough to capture this and the cabin isolation/radio drowns out his voice. I calmly looked at him and as you can hear, I do not engage.
When traffic in my lane starts moving again, we both start to move. He quickly starts to move in my lane, upon which I remove my foot from the accelerator. Seeing clear lanes ahead of us and anticipating he will continue to merge and accelerate to move with traffic, I keep my foot above the accelerator.
Suddenly, while only half-way in my lane, he slams on his brakes, comes to a full stop, and my vehicle rolls into him before I can switch and apply the brake pedal.
This is when our vehicles collide. My car has damage to the front right edge of the bumper and fender. His vehicle has damage to his rear left fender.
We are both with the same insurance co. and I was informed that I was considered to be "not at fault" but since he supposedly was more than 50% in my lane and I was the "striking" vehicle, I got assigned 20% of liability. I did find several articles etc. which show that "sudden and unreasonable stops" usually put the lead vehicle driver at blame, but the CA Vehicle Code (22109) only refers to a stops on highways. What would be my best argument to the insurance co. review process for 100% liability with the other driver?
I would appreciate your thoughts, advice, and opinions.
https://www.youtube.com/watch?v=Nz3d...ature=youtu.be
The background is, I have merged in front of him with the flow of traffic, as I was making my way from right to left in order to make a u-turn very soon.
The other driver stopped next to me even though his lane was clear. He proceeds to rage at me, yells, and makes obscene gestures at me. The angle of the camera isn't wide enough to capture this and the cabin isolation/radio drowns out his voice. I calmly looked at him and as you can hear, I do not engage.
When traffic in my lane starts moving again, we both start to move. He quickly starts to move in my lane, upon which I remove my foot from the accelerator. Seeing clear lanes ahead of us and anticipating he will continue to merge and accelerate to move with traffic, I keep my foot above the accelerator.
Suddenly, while only half-way in my lane, he slams on his brakes, comes to a full stop, and my vehicle rolls into him before I can switch and apply the brake pedal.
This is when our vehicles collide. My car has damage to the front right edge of the bumper and fender. His vehicle has damage to his rear left fender.
We are both with the same insurance co. and I was informed that I was considered to be "not at fault" but since he supposedly was more than 50% in my lane and I was the "striking" vehicle, I got assigned 20% of liability. I did find several articles etc. which show that "sudden and unreasonable stops" usually put the lead vehicle driver at blame, but the CA Vehicle Code (22109) only refers to a stops on highways. What would be my best argument to the insurance co. review process for 100% liability with the other driver?
I would appreciate your thoughts, advice, and opinions.
Determination of Fault: [Dashcam Video;ca]driver Cuts in Front of Me, then Slams on His Brakes. 20% My Fault
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