I got into a car accident and here is the scenerio: Car A and Car B are traveling same direction (side by side) on a two lane road. 100 feet ahead Car A's lane is blocked because of a previous accident and it is trying to merge onto Car B's lane. At this time both are going about about 5 mph and car B is slowing down so another car in front of car A can merge onto his lane.While doing so, car A is continueing to sneak into car B's lane even though car A sees that car B is slowing down. The drive of car B sees the front bumber of Car A from the corner of his eye, and it is extreamly close to his door. A second later the two cars hit. The front passanger side pumper of Car A (trying to merge) makes contact(or clips) the driver side rear of Car B.My question is who is at fault? and more importantly, the driver of car A later told the insurance company that i was driving too fast, tryed to merge onto her lane, and her front pasinger side bumper hit. What can I do?Yeah what i figured the insurance company wouldnt know who to believe... here is a follow up question... what should have I dont at the accident scene to prevent this. (by the way, there would have been NO way i would be able to get a witness.. it was a two lane road so we had blocked it after the accident and people started honking at us, and once i moved to the right, they slammed on the gas.. So no witnesses would be available... what could have I done...

Simple- the person merging is at fault in theory.BUT, if they tell their insurance that you changed lanes into them... and there are no witnesses or police report siding with you.. you are out of luck.How is the insurance company supposed to know who to believe when two people tell opposite stories? They cant... so they cant pay out.EDIT: to answer your follow up question.. unfortunately.. sometimes there is nothing you can do. It is ALWAYS important to get a police report.. SOMETIMES people are truthful to the officer when they havent had a chance to go home and think of another story...BUT.. if they said the same thing to the officer.. and there are no witnesses.. unfortunately... thats that. I wish life was always fair but its not... its kinda like the court system- "Innocent until proven guilty"

The person making the lane change is proximate cause (Car A) but the question is is Car B fault free? If Car B behaved in this situation as a reasonably prudent person would, then Car B is fault free. Car A can claim whatever they want in an attempt to lessen their level of liability....but Car A has to be able to PROVE the accident happened as they said it did. If they can't prove it, they are on the hook for 100% of all damages. I wouldn't worry about it, that's what I would do.

If it is just the word of A & B against each other then you are probably screwed, more by yourself than by the other driver.When there is an accident, both cars are supposed to stop and wait until the police come along and make a report, at which time the positions of the vehicles will make it obvious that car A was trying to merge into lane B ... the rules are that you do not merge into a lane unless there is clearly space for you there.If you try to go on your merry way after an accident, and do not identify witnesses to the collision, and do not make a report to the police, then it is a crap shoot who is going to believe who. Plus you could be in serious trouble for trying to leave the scene of an accident.Follow-up question.In any accident, your responsibilities are as follows1. Take care of anyone who got injured.2. Exchange insurance info with all other drivers involved3. Capture information about witnessese.g. if there are cars behind you honking, then write down their license plate #s and descriptions, for the purpose of giving that to the police, if those cars have left the scene by the time the police arrive ... they were witnesses whether they liked it or not.e.g. are there any pedestrians around, like waiting at a bus stop ... are they willing to give you info about who they are so they can be called as a witness to the police statement or your insurance company?e.g. there are cameras all over creation ... look around to see if there are any places that might logically have them, like traffic light traps, ATM machine nearby ... any place that the police can be asked to go to get pictures of the scene when the accident occurred.e.g. do you have a camera, maybe one on a cell phone ... take pictures of the relative positions of the cars before the other driver can get awayHaving a camera is great for capturing info on witnesses, their license plates real fast.

I had a similar situation. Car A (me) was turning left onto a freeway on ramp. Car B (other guy) was turning right onto the same ramp. The ramp is 2 lanes, I turned into the lane closest to me and he turned into the lane closest to him. About 1/2 way down the ramp, he starts coming over into my lane, without looking. I see what's happening, and move as far to the left shoulder as possible, without going into the gravel. He's still coming over, so I slammed on my brakes, hoping I'd stop before he came all the way over. It didn't work, and his left rear hit my right front fender. No witnesses in either vehicle, just the drivers. No ticket issued. He claimed I tried to merge with his lane, even though I had left skid marks on the left shoulder. It was my word against his. My insurance paid for my car, and his paid for his.