Two cars changing into middle lane - scrapes occur... Who's at fault?

Imightnotbearobot on 24/06/2016 - 23:28

Hi all,

Just got into a minor scrape today. Considering whether I risk putting through a not-at-fault claim through insurance.

Was peak hour Friday evening traffic. I was on a three lane road, and indicated left to change lanes into the middle lane. Guy in the middle slowed to let me pass. But the thing is that the guy on the left had the same idea to zip into the middle lane too. Can't remember if his signals were on or not, and the next second, there was a loud screech, as we scraped each other… No collision.

The thing about this is that I can't remember what really happened, but on my left front wheel arch, there is scrape damage, but the only damage to the other suv were scratches on their right doors.

Based on this scenario, what are everyone's thoughts on who's at fault? I'm thinking that there was a rule around persons giving way to the right.

And the cost to fix is not significant, probably about $1000 to take care of both. But just can't help but think that I might possibly be in the right, and maybe get away with a no-excess claim?

Automotive

Comments

      • Hirolol on 29/06/2016 - 14:07

        LOL
        my bad my bad.
        but… you get what i mean!!!!

  • Kranbone on 26/06/2016 - 22:37
    +1

    It's possible the insurer could place part of blame on both parties (perhaps 50/50).

  • Lucky13 on 26/06/2016 - 23:53

    It might be the person that was further ahead and more in the lane at the time of the crash that would be in the right, but not sure :/

  • asianbargain on 27/06/2016 - 07:13
    +1

    I would say it's your fault since the car on the left is ahead of you. U should check your left side before merging.

  • Nicktorious on 27/06/2016 - 13:13
    +1

    I had a car reverse into my rear in a car park. Insurance deemed us both at fault despite me not being in reverse. Without video evidence they will likely do the same for you.

  • Squidmcsproggen on 27/06/2016 - 13:22

    you where further back with damage to your front wheel arch and only damage to there door.
    Your fault, you moved into somone elses lane that was further ahead of you.

  • reon on 27/06/2016 - 19:01

    You're slower to merge than him, his head is in front of yours. I believery it's your fault :/

    Time to tilt your mirrors correctly or buy the small circle mirror attachment to your side mirrors.

  • love2buy on 27/06/2016 - 19:49
    +1

    Ive seen this kind of near hit incidents too many times. Best to stay in the middle lane if you can.

    • lint on 28/06/2016 - 10:40
      +2

      I've had this happen plenty of times, intending to change lanes, put my indicator light on, then check for clearance and see someone else wants to change into the same lane.

      I usually abort the lane change and just let the other car take it because you never know if they've also noticed you. I think as long as you keep your eyes out for the traffic around you, these situations can be avoided.

  • FittyFitty on 27/06/2016 - 23:43
    -1

    Fittyfitty, if you get my "drift"… Whiplash; triple whammy! Actually, the whammy bit kinda makes it quadruple; I'm on a roll, a car roll; damn, better make that five… Better come to stop now, 'cos dem wheels'll just keep on spinnin'…

  • DarkOz on 28/06/2016 - 06:44

    You are at fault if the other car signalled before changing lane because it was ahead of you.

    You are not at fault if the other car didn't signal before changing lane.

    Else it's 50-50 because everything happened quickly without the benefit of slow motion.

  • CurryPuff on 28/06/2016 - 09:29
    +2

    Wouldn't it make a difference if the OP was changing lanes and was most of the way in the other lane and this other car (may be slightly ahead of the OP) changes as well, indicating or not, and they swap paint?
    Then the car in front was trying to occupy the same space as the OP's car was in.

    I'd be more interested to know if the scrape happened in the middle of the lane or more towards one side of the lane.

  • Herbse on 28/06/2016 - 13:16

    Which car was further ahead?
    If you can prove you were ahead, then it's he other car's fault for not giving way to a merging car.

  • Serapis on 28/06/2016 - 13:54

    Doesn't matter because you might be a robot. If you're a self driving car then your manufacturer should foot the bill

    http://www.scientificamerican.com/article/who-s-responsible-…

  • kumars47 on 29/06/2016 - 10:12

    My understanding is that the insurance company will deem the accident as both parties at fault as both of you have a duty of care while driving on the roads.

    TO me it seems as though both parties are at fault based on both of you were not paying attention of what is happening around you.

  • [Deactivated] on 29/06/2016 - 12:15

    YOU ARE ALL WRONG.

    When either party limits their own liability in a vehicle accident then the colour scale of liability comes into play.
    ROY G BIV.
    Red = least liable, while Violet = most liable.
    What are the colours of the cars involved.
    When both cars are the same colour then shades of liability come into play and so on.

    Fact !

    • Wallyt99 on 29/06/2016 - 20:10

      Thankyou for the valuable legal advice. I have a similar issue with a grey car and I said he was at fault because the road is grey and I didnt see it and he should have seen my orange car. You didnt list Grey but I assume its GBW? Are you a lawyer?

    • Euphemistic on 01/07/2016 - 16:32

      My car is white???? Since combining all colours makes white with light then I trump them all? And black loses because it is an abscence of colour?

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