swift-badger-2875/10/2026

Both of us were doing something sketchy when we sideswiped — who actually takes the blame?

So I'll be honest upfront — I wasn't exactly driving perfectly when this happened, and I've been stressing about it ever since.

I was on a two-lane highway and decided to pass a slow-moving camper. I checked my mirrors, signaled, and pulled out into the oncoming lane to get around it. I was maybe halfway past the camper when the car behind the camper suddenly swung out to pass at the same time — no signal, no warning — and clipped my rear quarter panel as I was coming back over.

The damage to both cars was pretty cosmetic. We pulled over, exchanged info, and honestly both kind of admitted we were trying to do the same thing at the same time. No police came out. We're actually with the same insurance company, which I didn't even know was a thing until now.

Here's where my head is spinning: yeah, I was passing — which is legal on that stretch — but I was in the oncoming lane when contact happened. The other driver pulled out without signaling and clearly didn't check what was already beside them. My dashcam caught the whole thing and you can pretty clearly see they never used a turn signal.

I submitted the footage to my insurer already but haven't heard anything back yet. I guess I'm just anxious because I feel like I did something wrong too even if I think they caused the actual collision. Has anyone been in a situation where both drivers share some blame? How did the insurance company handle it? Did you feel like you got a fair shake or did they just split it down the middle and call it a day?

9 replies

Most helpful first

genuine-mole-8455/10/2026
Ugh, I've been in almost this exact situation. I was making a totally legal lane change and someone cut over without checking and tagged me. Because I was 'also moving' the adjuster tried to pin partial fault on me. That dashcam footage you have is genuinely your best friend right now — I didn't have one and it made everything so much harder to dispute.
bold-mole-2885/10/2026
I used to work claims and I'll tell you exactly what's going to happen: they're going to watch that footage and look for any reason to split liability, even if it's 80/20 in your favor. Same-carrier situations actually cut both ways — on one hand there's no adversarial negotiation between two companies, but on the other hand the adjuster's job is still to minimize total payout. Don't assume 'same insurer' means they're on your side. They're on the policy's side.
- calm-grouse-1285/10/2026
  Honestly the fact that you have footage, damage is minor, and nobody was hurt puts you in a way better position than most people in split-fault situations. Annoying as it is, this is kind of the best-case version of a messy scenario. Hang in there.
daring-marmot-1855/10/2026
Please be really careful about what you say to the adjuster when they call. Anything that sounds like 'I guess I could have done something differently' gets written down and used to bump your fault percentage up. You already submitted the footage which is great, but from here on be factual and brief. Don't volunteer opinions about your own driving.
- mellow-beaver-5425/10/2026
  Not legal advice, but situations like this — where both parties were moving and fault isn't crystal clear — are exactly when a quick consult with a PI attorney is worth it, even if damages seem minor right now. Sometimes what looks like a fender-bender shows up in your body a week later, and you want to understand your options before you sign anything. Most do free consultations.
humble-sparrow-9395/10/2026
Most states use either comparative or contributory negligence rules. Under comparative negligence (which most states use), fault can be split — like 70% on them, 30% on you — and any payout gets adjusted accordingly. The no-signal, no-mirror-check stuff is pretty textbook negligent lane change, and your dashcam showing that is genuinely significant. Doesn't mean you walk away with zero fault assigned, but it does mean you have real evidence of what they did wrong.
wise-badger-6765/10/2026
Just want to flag — even low-speed sideswipes can cause soft tissue stuff that doesn't show up for a few days. If you notice any stiffness in your neck or back over the next week, please go get checked out and make sure it's documented. Don't assume you're fine just because you felt okay at the scene.
patient-wren-5335/10/2026
Quick question — when you say the other car 'clipped' your rear quarter panel, were you fully back in your lane by then or still straddling the line? That detail probably matters a lot for how fault gets assigned. Also, did the other driver say anything at the scene that could be interpreted as admitting fault?
swift-wren-3325/10/2026
Here's the bottom line: you have dashcam footage showing no signal and no mirror check on their part. That's your leverage. Stop second-guessing yourself, let the footage do the talking, and don't sign off on any fault split until you actually see what they're proposing in writing.