No Police Report

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alliedphil

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The other day I going to an office building and I needed to make a left hand turn. That day the traffic was heavy and I was waiting in the turn lane for awhile(I had to cross to lanes to get into the parking lot). Well traffic stopped and two drivers stopped to let me through. So I started to make my left and as I was starting to get passed the second lane a guy came through and hit me. The road looks like this.

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Turn in lane
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There wasn't even a full lane right there and I have no idea how he even got past the other people waiting in line. So we stopped pulled into the parking lot looked over everything and excahnged insurance cards. We didn't get a police report because we decided that we weren't going to persue anything. He only had a dent on his fender before the rear tire. (He hit me hard enough to bend my front of the car enough where I need to get the frame straigtened). Well I didn't hear from him so I thought everything was ok, and yestaurant I received a call from his insurance notifying me about a claim and that they want to speak to me. I am unsure who is at fault because. I know that failure to yield may play into this, but I don't think he should of been in that half-lane to begin with, it more like a shoulder. He must have been going fast to do the damage he did. So now I need to know what to do. This is my first accident and I'm unsure of what to do now.
 
Sorry about the way the graphic looks, I forgot to preview the post. It's supposed to show that the second lane didn't turn into a third lane until farther down the street. And that I got hit while he was driving on the sort of half street. It was still marked as only two lanes though.
 
I would turn it over to your insurance company and let them handle it. Next time call the police.
 
yeah, turn it in to your insurance. They are usually handling these things.

If your are not in a "no-fault" state, this looks like it will be handled on a comparative negligence basis. Probably both drivers were somewhat negligent, he because he tried to pass cars on the right though he was not in a full lane, and you because you didn't see him. If it is so, it would need to be decided, what each driver's share is.
 
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