Can you be at fault if you hit a car while trying to avoid another accident?

"I was stopped at a stop light and two other cars almost got into a collision.

To avoid it, a car swerved and hit my car. The driver's attorney is saying they aren't at fault because they were avoiding a collision. Is this true?"

Answer
“In most cases, the person who caused the damage to your vehicle is at fault. Even if the other driver was avoiding a collision, they still hit your vehicle.
If you haven’t already, you’ll want to file a police report. You’ll also want to contact your car insurance company. Since the other driver has an attorney, your insurance company should be involved in the process.
They’ll try and negotiate with the other party. They will also have an adjuster review the details of the accident and help determine fault.
If you have collision coverage, they may also pay for your damages and then seek reimbursement from the liable party.”
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Emily Maracle
Answered on Jun 18, 2021
Emily Maracle is a car insurance specialist living in New York. Originally from the Pacific Northwest, she has a degree in English Literature and a background in customer service. She enjoys cooking, gardening, and living sustainably. In the future, she can't wait to upgrade to a hybrid or electric car.
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