Accident Assistance: Prove Your Innocence

Questioner

A few weeks ago I was hit by a car. We were coming from a single-lane road to the traffic lights. There you could sort to the right, straight ahead or left. I drove into the left lane from the beginning of its creation. This was the moment of the collision. A truck that was driving behind me drove a bit over the displacement plane in order to also end up in the left lane where I was turning. My car was hit at the height of the driver's door with damage extending to the left front wheel. My insurance initially considered me guilty. Because I changed lanes. I tried to refute this by telephone. They are now trying to remove 50/50 liability. I feel wronged because I am 0% guilty in this. After the collision, the woman from the truck came out of the car screaming that I suddenly moved to the left. This is also what she filled in on the accident form. She insisted that I fill this in immediately because otherwise she could lose her job. I was mainly in shock because of the impact. I called the police but they didn't come. I also indicated that I have back and neck pain. I took photos at the location. You can see that I'm not far from the beginning of the lane. The size of the truck and the location of my car make it clear to me that she drove over the displacement plane. The insurance company thinks differently about this. I indicated on the accident form that I changed lanes. But I also checked that we were driving on the same lane at the time of the collision. She made the drawing in which she was already driving on the left lane. I clearly noted everywhere that I disagree with the drawing and the course of events. Due to the shock etc. I may not have filled in the form as completely as I would have done otherwise. For example, I completely overlooked indicating that I have head and neck pain etc. Long story. My question now is; my insurance 'believes' my story only saying that they can't get more out of it than max 50/50 if that will even work because of the contradictions on the form and the fact that the photos don't show enough evidence. Is this a real story or can I prove my innocence?

Lawyer

What an annoying situation! If you changed lanes immediately after the displacement area, then it seems to me that the truck driver was at fault. I would like to look with you whether it is reasonable that your own insurer states that there is a maximum of 50% liability. You can send me a copy of the claim form and the photos of the situation on site by e-mail. My office can assist you completely free of charge in recovering your (personal injury) damages from the liable insurer.

Lawyer

You can also report later that there is an injury. Often you only get complaints later and it is therefore advisable to report this. Insurers try to settle the matter with 50/50 blame in a situation like yours. That feels like injustice and it is up to you to prove that it is not your fault. You may be able to find the exact location via Google and thus determine the position of the vehicles. You are wise to seek legal assistance now that there is also an injury. I can help you with this by assisting you and recovering all your damages from the other party. If liability is acknowledged, we can also claim our legal costs, so it will not cost you anything.