@richeb The only way the OP’s company can get involved if they pay for Ops damages under his collision coverage. If op does not have collision or the damage is below ops deductible- ops
Carrier can’t do anything. They have no subrogatebale interest.
@grace90 It ain't just Florida. From my 40+ years of driving in MANY US states, on multi-lane roads, when changing lanes, 90% of drivers put on their signal just milliseconds before they start moving over, or actually after they are already getting over. IOW, they are getting over no matter what, unless a vehicle is immediately next to them.
I would bet the farm that this is exactly what happened in this case.
@salomethecat I’m fairly certain she didn’t have her turn signal on but even if she did I was in her blind spot and she didn’t look, am I supposed to just slam on my breaks or drive on the curb? I feel that the insurance just doesn’t want I pay out the 100 percent. My deductible is 1000 dollars and I don’t want to pay that much and have a chance of not getting it back.
@jorica Some states there’s a “duty to avoid an accident” (can’t recall the actual term) where even if it’s the other drivers fault, if you have the ability to give way, slow down, yield etc. to avoid the collision, you must or you’ll be found partially liable.
I saw another comment telling you to ask the other adjuster about what duties you breached which is exactly what you should be asking.
@jorica You'll probably get it back, just not right away.
File with your own insurance, and let your adjuster take it to arbitration. In every state, the driver making the merge has a duty to make the merge only when it is safe to do so.
Unless you sped up to keep her from merging, that's not on you. But only your insurance will be able to argue that effectively and ensure you get your deductible back.
@jorica Heh, show me a BMW driver that even knows what a turn signal is.
Operationally, theres a limit to peripheral vision's scope. If the other car is even with OP's, can he see his own right side mirror peripherally? Likely not, without turning his head. If the driver began their turn simultaneously with alledged blinker activation, impact likely occurred between blinks 1 and 2. Not much reaction time there.
