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My wife was driving down NC 49 behind another vehicle. Both vehicles were traveling approx. 35 mph. The lead vehicle signaled to make a right hand turn and both vehicles slowed. The lead vehicle proceeded into the turn, but then as it exited the roadway the driver changed their mind and swerved back into the lane in front of my wife, who was unable to avoid colliding with the right drivers side rearend. 2 witnesses stopped and said they had seen the whole thing, that the other driver had totally swerved into the lane in front of her, and provided a business card with contact info. The officer arrived on the scene and after the other driver stated that she was simply making a right hand turn and my wife ran into her cited my wife for failure to decrease speed. He neither contacted the witnesses nor recorded their existence in the police report. Of course, he also took the card with the only evidence of their existence besides the statements of my wife and 3 kids who were in the car with her.
At this point we have to decide whether to fight the citation. If we let the report stand our insurance will pay for the minor ding in the other drivers backend and repair the damage to my truck. If our insurance pays for her, then the citation will be dismissed. If we go to court and fight the citation, we could end up with additional court costs, the citation and associated fine, plus points on her license.
I'm very tempted to just let it stand and move on with life, but it just seems wrong to accept fault when the other driver was an idiot. Any advice on how to proceed?
I've seen situations like this before and unfortunately, the reality is that your wife will likely be found at fault simply because she was the trailing vehicle - despite the fact that the car swerved back into her lane.
There's also the fact that since it was such a minor accident, cops are likely not going to take the time to talk to witnesses - too much manpower needed with so many other things happening. You might want to consider paying for it outside of insurance if you can. In the long run, that might save you money.
In any case, sorry it happened and best of luck to you.
If your wife would have hit the side of the other car then I would say fight it but since she hit the rear end of the other car it sounds like your wife was following the other driver a little to close. I always leave atleast 2 car lengths from the car in front of me and wait for the other driver to make a complete turn until I go.
What is it worth ($$$$) to possibly prove your wife isn't at fault? What $$$$ will it cost you in the long run if you accept the report as it is, because of increased premiums? Why is your insurance company not pursuing this? Probably because the $$$ amount is too small for them to waste their time on, but it's still something you should ask them.
If it were me, I'd figure out the hard dollar amount of my various options, then determine if gambling any of those amounts is worth my time and trouble.
Unfortunately who is right or wrong is often irrelevant.
Got to agree with the other posters. Never trust that someone with a turn signal on is going to follow thru! I was always told that if you hit someone in the rear it is your fault. I am sure there are instances where that is not the case but it does sound like your wife was following too close. Good luck!
I have to agree. The other driver may have made some crazy driving moves, but if your wife had not been following either too closely or too fast, she would not have hit the car.
If your wife would have hit the side of the other car then I would say fight it but since she hit the rear end of the other car it sounds like your wife was following the other driver a little to close. I always leave atleast 2 car lengths from the car in front of me and wait for the other driver to make a complete turn until I go.
Bingo!
It IS the OP's wifes fault.
If the damage to a vehicle is towards the front, they are more at fault, if not totally. If damage is towards the rear, you are much less likely to be at fault, if at all. Weather someone changed there mind or not does not matter in the least. Your sole purpose as a driver is to avoid accidents and get to your destination safely. The thought of insurance agencies is that, if an accident is about to happen in front of you(front end damage), you should have avoided it, period.
Not saying that the turning vehicle was an angel. It WAS a stupid move, but we must avoid stupidity.
IMO, don't bother fighting it. Had the damage been on your wifes car been on the right SIDE(passanger doors), MAYBE you would have a shot at winning.
I'm very tempted to just let it stand and move on with life, but it just seems wrong to accept fault when the other driver was an idiot.
This is in the eyes of the beholder. Your wife appears to have been following too close. Fight it if you think you were in the right as your post really isn't clear enough for anyone here to say for sure, but given what you did post, I think you and your wife ought to back off from other drivers. Tailgating is too much of a problem these days and this sort of thing is what it causes.
This happened to me on Providence Road and Beverly Crest, I signaled to turn right and proceeded to do so, but changed my mind when I saw a car move from the left lane to the right lane. Because I stopped to let the car change lanes, the car behind me smacked me in the rear end. If you are able to hit someone from the rear, you are trailing to closely. As the others mentioned, you don't know when the driver in front of you will change their minds. I didn't call the police, but took the woman information and she took care of my damages. Sometimes, we have to put trust in people.
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