My friend was driving on highway 70km/h . Another car suddenly stopped in the left lane and turned on his indicator then he changed to my friend's lane within 2s. Unfortunately, my friend's car crashed from the back side of that car. So is it my friend's fault or that car' owner. Thanks all
Car Accident Question - Urgent
Comments
Does your friend have insurance? If so, lodge a claim and let them sort it out.
From what you've said it's probably the other car's fault since s/he didn't give your friend enough time to react. The problem is, since your friend rear-ended the other car they will have to be able to prove their version of events. This could be difficult if the other party's version of events differs from your friend's.
Welcome to OZBargain with your first post.
Probably best to contact Insurance company to sort it out.
The details provided are very sketchy.Well there was no witness at that time. The owner of the other car said it wasnt my friend's fault but it wasnt his fault as well due to the car in front of his car suddenly stopped that's why he changed the lane within that short time. Its the 1st time he got accident so he doesnt know what should he do
If the other driver had to change lane to avoid the car in front, they were following too close. They would still be at fault.
So now what my friend should deal with him and the insurance company cause the company keep telling that crashing the rear-end of another so it is my friend's fault
Does your friend have insurance?
yes he does
@Sammy1194: in that case he should lodge a claim with his insurance company, specifying exactly what happened. The other driver's insurance company will deal with his insurance company. He doesn't need to get involved except to lodge a claim with his insurer.
"my friend" ehh??
from the story seems to be the other car's fault as its always on the merging car to safely merge in, provided you ("your friend") were not over-speeding.
cheers!
Yes, he called me this morning to ask me what should he do and i didnt knw anything to tell him so i think just jump on here and ask the question. Its unlucky for today i guess
alright alright… maybe give your post another careful read yourself and see what I am talking about.
Id get onto your insurance fast, id rather have my guys claiming on them than defending the other partys claim.
Do you have a dash camera?
it is also need to see the location of the impact in the car, if it is on the right hand side of the rear it could be able to prove of merging.
Also if the car crash with such a high speed, anyone got injured? did you call police?
There was no dash camera i guess. The accident happened on ballarat road nearby Duke street. It is 70km/h. And they didnt call the police as well
so no one injured? and the car is still derivable?
I surprised that with such such high speed.
Also he can go back to the place of cash and try to find a witness if there is any.
Also if he admitted and recorded that the other driver do a sudden change lane due to the front car sudden stop, then he has chance to win
i dnt know cause the other driver told my friend it wasnt my friend's fault and either his fault
@Sammy1194: Well if both (your friend and the other driver) agree it wasn't your friends fault, also no one got injured, then why are you worried?? let the insurance company deal with it.
He worry that the other party will deny what he had said about not his friend's fault.
@LoveBargain15: well, that's why get on to insurance company asap so they can take over before many stories start developing.
@FindMeADeal: he discussed with the insurance company and they told that he is at fault. However they will send the paper for him to describe what exactly happened
@Sammy1194: So here's the advice that you/your friend must keep in mind while filling in the papers.
1) Stick to the story you told initially.
2) Do not try to portray that the other driver was also not at fault because of bla bla bla… This will only make your case weaker.
3) explain your surroundings at the time of accident in detail, so they know, you knew wat you were doing (driving vigilantly).hope this will help.
My friend was driving on highway 70km/h . Another car suddenly stopped in the left lane and turned on his indicator then he changed to my lane
mistake. im a bit confused atm
We are getting 3rd party info here, situation is confusing.
I am glad you said Ballarat because australia has heaps of states and territories all with different road rules.
Merging rules are about to change in Western Australia soon to give an example of the differences in states.
Best thing to do is make a full report to your insurance company and they can sort out your car.
And maybe read the merging road rules for your state to try to determine in your own mind who is at fault.
Does it matter what we think? It's up to the insurance companies.
If someone cuts lanes whilst not maintaining the speed of that lane, they're at fault. But you need to prove that, and a witness statement would've gone a long way.
Can't just simply duck in front of someone and expect them to stop in time. Your friend shouldn't be at fault if they can properly tell the story.
Sigh I think I have a neg-voting stalker who has nothing better to do than neg vote a perfectly valid comment
Did police attend site?
With no witnesses; it is more like a he said she said argument.just provide the facts to own insurance company
https://www.vicroads.vic.gov.au/safety-and-road-rules/road-r…
Changing LanesYour insurance will fight it with the other insurance.
**But in the mean time… your friend is with no wheels.
I had a similar incident a few years ago where I ran into the back of someone after they changed into my lane unsafely and hit the brakes. The other parties partner was a police officer and when I said I was not at fault I got paid a visit by some cops (about a week after the incident) to try put the heavy on me and admit fault. I was far from intimidated by the incident and held my ground and was deemed not at fault by my insurance company. Very unprofessional from the cops trying to help out their mate though…
Was there CCTV in the area ? It may help your case.
Don't count on your insurance company backing you up. I predict they will say both parties at fault so both pay excess.
So what should my friend do ?
buy you dinner for helping him out.
Can't do much, just give the insurance company as much detail as possible and see how you go. I would suggest being insistent that you (sorry, your friend) wasn't at fault.
Any update?
If the car moved into your lane and caused the accident it's the fault of the car that merged. The onus is on the person merging to make sure it is safe prior to doing so.
However, since you crashed into the rear end of the car you'll need proof that they merged dangerously. Witnesses, their admission, dash cam footage.
Basically you'll want both parties to agree that he merged in an unsafe manner. If he lies and gives a different story to his insurance company and there's no proof then you may end up splitting costs.
Do you have any proof? Did anyone else (not in either car) witness it? Did they admit fault? Were the police called?