You probably know that if someone hits you, you can generally hold them liable by making an insurance claim. What about a cut-off crash, though? In a cut-off crash, the other driver doesn’t hit you. Instead, their error causes you to go out of your lane or lose control because you’re trying to avoid hitting them.
If someone cuts you off in traffic and you crash, they should pull over and stay at the scene. Even though they did not collide with you, it was their mistake that led to a crash.
In a no-contact crash, it may be harder to prove fault, but there are ways to do so. For example, if you have a dash-cam, you could use that to show that you had to brake suddenly or weave to avoid hitting them when they made a mistake.
Can a driver who didn’t hit someone be held legally responsible for a crash?
Generally speaking, yes. They may still be found partially at-fault for the crash because of the errors they made that resulted in a crash. It was fortunate that they were not hit, but that doesn’t mean that they played no role in the collision.
To explain that someone caused a no-contact crash, you’ll need to have some evidence such as:
- Statements from witnesses
- Dash-cam evidence
- The other driver’s own admission of fault
If you can get one or a few of these things, then you’ll be in a better position when you want to make a claim.
What do you do if the other driver leaves the scene?
If the other driver flees the scene, you should try to write down their driver’s license number. Remember the color, make and model of their vehicle, too. Doing this will put you in a better position when you report the crash, because the police may be able to track down the other driver and make sure that you have their insurance information to make a claim.
These kinds of crashes can be tricky to deal with, but you deserve an opportunity to file your claim and be compensated.