Minor Accident While Changing Lanes in NSW - Who is at fault?

rdcool on 11/02/2019 - 15:22
Last edited 11/02/2019 - 21:19 by 2 other users

Please have look at the video. MOD: Video removed.

I was driving in the middle lane and when I merged into the left lane, a Nissan has hit my car.

I believe the the Nissan was at fault cause I have already merged into the left (in front), right?
The damage to my car was front and side passenger side. The damage to the Nissan was front and side driver side. No police were onsite, we stopped for 2 mins exchanged details and left the scene. (no one admit fault on scene)

Also, I only have 3rd party insurance and I do not have any experience in making an insurance claim, can someone kindly tell me how should I claim? (I checked the policy and it appears that the insurance covers the only damages to the other party, not my car)

Thanks everyone, lesson learnt and moving on.

Please close thread.

Automotive

closed Comments

  • Gunther on 11/02/2019 - 15:25
    +44

    100% you are at fault.

    • PissLUR on 11/02/2019 - 15:28
      +6

      this.

    • dasher86 on 11/02/2019 - 15:35
      +6

      100% you at at fault.
      In case you don't get it the first time.

    • Yummy on 11/02/2019 - 15:42

      OP is doomed. You didn't turn your head far enough.

      OP should have just waited, or beep the fxxx out like maniac so the front car would move forward.

    • CMH on 11/02/2019 - 16:10
      -1

      Op 100% not at fault. I'm sure he has the indicator on, and that gives him right of way.

      /s

      • poohduck on 11/02/2019 - 16:55

        No, it doesn't give him right of way. An indicator indicates your intentions, then you proceed when SAFE to do so. The driver changing lanes doesn't have right of way. And I just looked at the video, no way did the car coming up get to see any indicator. I don't understand how they can be asking this question under the circumstances.

        • HighAndDry on 11/02/2019 - 17:02

          Just fyi: The '/s' stands for 'sarcasm' in internet colloquial.

  • Oakok on 11/02/2019 - 15:26
    +4

    Rules for lane change. Appears that you are at fault as it was not safe to change lanes.
    Turn on your signal.
    Check your mirrors.
    Check your blind spot by looking over your shoulder.
    If it is safe, change lanes.
    Turn off your signal after completing the lane change

    • onetwothreefour on 11/02/2019 - 16:16
      +4

      Actually you should always follow the mirror, signal manoeuvre routine. So check your mirrors before you signal.

  • HighAndDry on 11/02/2019 - 15:28
    +6

    Front and passenger side? How could you have merged already if it hit the front of your car? That was completely your fault. The road rules are that you should only merge when safe to do so - considering you're barely in the other lane and the other car was obviously already in that lane and travelling at speed, you're 100% at fault.

    • rdcool on 11/02/2019 - 15:33
      -2

      the other car was touching/or very close to the kerb and drive through to get in front of my car.

      • HighAndDry on 11/02/2019 - 15:35
        +13

        What? The other car was driving in their lane, you abruptly changed into their lane.

        https://youtu.be/RYrecIop5NQ?t=34

        That's the time stamp. Your car is still mostly still in the middle lane at impact. This is an open-and-shut you're at fault.

      • thetrain on 11/02/2019 - 15:37

        if you were driving the Nissan whos fault would it be?

        what should they have done?

      • qwerty on 11/02/2019 - 16:00

        You should be thankful of the position or you would have done way more damage

  • codyvan1 on 11/02/2019 - 15:31

    You are at fault. Lesson learned and move on.

  • plmko on 11/02/2019 - 15:32
    +8

    a Nissan has hit my car.

    Pure denial lol

  • bargainhunter87 on 11/02/2019 - 15:33
    +3

    fault = you

  • cashless on 11/02/2019 - 15:34
    +5

    Generally if you change lane and smash into another car, it is your fault.
    Suggest you don't send the video link to your insurer

  • HardlyCharly on 11/02/2019 - 15:36
    +2

    There is no possible way that you are not at fault. It's very clear that you just turned into the lane without looking. All you need to do is let your insurance know about the accident, that it was your fault, then pay the excess when they receive the claim for the other person's insurance, they'll take it from there in regards to the other vehicle. As for your own vehicle, your choice whether to pay for repairs or leave it as it is as long as the damage is only cosmetic.

  • thetrain on 11/02/2019 - 15:38
    +1

    I sincerely hope you have third party property insurance and not just compulsory third party insurance (which only covers injuries).

  • chumlee on 11/02/2019 - 15:42
    +1

    If you think the nissan is at fault you need to resit ypur license test

  • Seraphin7 on 11/02/2019 - 15:44
    +5

    Also, i only have 3rd party insurance and i do not have any experience in making an insurance claim, can someone kindly tell me how should i claim? (i checked the policy and it appears that the insurance covers the only damages to the other party, not my car)

    What? You didn't know this at the time of taking out the insurance?

  • John Kimble on 11/02/2019 - 15:45
    +6

    And to think you just had to stay in your lane no more than 5 to 10 seconds more; you would have been able to go straight and avoid the accident, given the right arrow turned green literally a second before impact.

    • Baysew on 11/02/2019 - 15:53
      +2

      That seems the cruelest part for the OP. Just a smidge of patience would have seen OP avoid it altogether.

  • bobbified on 11/02/2019 - 15:45
    +16

    I believe the the Nissan was at fault cause I have already merged into the left (in front), right?

    This actually scares me. This is one of the most basic road rules and I can't help but wonder how you even got your licence in the first place.

    • Nugs on 11/02/2019 - 15:58
      +1

      "i will at least horned"

      It's not a pause button….

      FFS
      .

    • HighAndDry on 11/02/2019 - 15:59
      +6

      and waited until i see a big enough gap before i move.

      You obviously didn't.

    • FloatingPoint on 11/02/2019 - 16:00

      Where did you buy your license?

    • thetrain on 11/02/2019 - 16:00

      The gap is clearly not big enough as you crashed!

      The Nissan driver slowed down, thats why it is only a scrape.

      Trust me if they were doing 50 km/h they would not have stopped that quickly and the damage would be more severe

    • Tech5 on 11/02/2019 - 16:22
      +3

      Your indicator does not give you a magic pass to do what you like. Im sure they would have been accelerating. The light turned green for them and the lane in front of them was clear

    • John Kimble on 11/02/2019 - 16:23

      I'm surprised you're not getting negged (yet).

  • angelkulit025 on 11/02/2019 - 15:53

    I wonder what's the point of posting this question with attached video here on this forum? Is OP trying to gain backers? or drivers with similar habits?
    The car in front of you is clearly not in the right lane to turn right! You should've just as what "Yummy" said, beep the (profanity) out of him/her! Now with regards to you merging on the left lane, you should've at least give consideration how fast the traffic is flowing. Clearly, you just tried to overpower your way to merge in to that lane and just assuming the car behind will give way to you. The answer is plain and simple from your video. You are unfortunately at fault.

    Lesson learned the hard and expensive way, hope you change your driving behaviour moving forward. All the best OP

    • John Kimble on 11/02/2019 - 15:58
      +3

      The car in front of you is clearly not in the right lane to turn right!

      Um, no the middle lane can go straight or turn right. It's a time of day thing I think? You can see the electronic sign above the lanes.

      It's shit/annoying you can do this, I've been on that road.

      • kolorijo on 11/02/2019 - 16:01
        +3

        Looks like Princess Hwy near Ikea Tempe

        • natman on 11/02/2019 - 16:09
          +2

          Princes

          • kolorijo on 11/02/2019 - 16:10
            +2

            @natman: I stand corrected, thank you, learnt something new everyday

      • angelkulit025 on 11/02/2019 - 16:04
        +1

        oh really, what's the point of having the straight line there anyway.? thanks John for clarifying that out.

      • Yummy on 11/02/2019 - 16:09
        +1

        Ow, didn't see the above light signs. No wonder there are 2 cars stopped for turning right on mid lane. I would hate going that road or anywhere near CBD.

    • natman on 11/02/2019 - 16:05
      +1

      As John Kimble said, the middle lane can go straight or turn right.

  • kolorijo on 11/02/2019 - 15:57
    +4

    Before changing lane, signal in plenty of time and check for other vehicles by looking in your mirrors and your blind spot (look over your shoulder).

    You must give way to vehicles in the lane you are moving into.

    https://www.rms.nsw.gov.au/roads/safety-rules/road-rules/lan…

  • trilby on 11/02/2019 - 15:58
    +2

    Open and shut case, completely your fault.
    Although that's a bad intersection, why were you in the far, right turning lane so close - should've moved lanes before that and you could see the car in front was turning right as well.

  • wannagrababargain on 11/02/2019 - 16:00
    +5

    The OzBargain Traffic Tribunal has spoken. Thank you for giving us the opportunity to decide your case, now move along as there is a long line of cases awaiting decision. Please pay the fee at the cashier on the way out. Visa and Mastercard are accepted with a 0.75% merchant recovery fee, unfortunately we do not accept AMEX.

    • dasher86 on 11/02/2019 - 16:09
      +1

      we also take payment in eneloops and ms paint drawings.
      remember if you refuse to pay we have bikies.

  • pjetson on 11/02/2019 - 16:00
    +3

    Before i made the merge, i had my indicator on

    Having your indicator on does not mean that anyone has to give way to you.

    waited until i see a big enough gap before i move. i dont have proof of how big this gap was)

    Proof that the gap was not big enough is that you hit the other car, who was legally in their lane. Their only fault was that they did not realise that you own the road.

    You seem to not be getting it - you are 100% at fault.

  • [Deactivated] on 11/02/2019 - 16:05
    +8

    If sides or corners are involved, the person who was changing lanes is at fault.

    In the video, it is absolutely clear you weren't even hit whilst making the merge. You literally drove into a car going straight.

  • websterp on 11/02/2019 - 16:06
    +4

    You have no idea how car insurance work (But I commend you for taking at least 3rd part cover)
    You don't seem to understand not even the most basic road rules..

    My question is how on earth did you get a license?

  • GangGang on 11/02/2019 - 16:08

    I checked the policy and it appears that the insurance covers the only damages to the other party, not my car

    Oh man, This whole time you thought you were covered by just third party? It wouldn't be so cheap if both parties were covered.

  • slow on 11/02/2019 - 16:10
    +2

    Completely your fault

  • qwerty on 11/02/2019 - 16:15

    Do you have a rear camera op ?

  • triviums on 11/02/2019 - 16:17

    If you had've been a bus with a give way sign then you may be not at fault, but you aren't. Therefore it is your fault.

  • chumlee on 11/02/2019 - 16:19
    +1

    You wanna hope the Nissan driver doesnt frequent OzBargain otherwise he/she will have dashcam footage that you are at fault

  • Tech5 on 11/02/2019 - 16:21
    +5

    Lol you. Even if you managed to get into the lane completely and they rear ended you 1 second later, it still would be your fault. The rule of person behind is the person responsible is just the easiest way to determine fault. If you cut them off and leave them no room, you would still be at fault. The broken line should be treated as give way. I.e. if you are crossing that lane divider, you need to give way to any and all traffic.

    That was the one of the shittest lane changes I have ever seen and pisses me off whenever I see something like it. Hope the repairs for him and you are expensive.

    • John Kimble on 11/02/2019 - 16:35
      +3

      I want to plus vote you for everything before the last sentence, but neg vote you for the last sentence, but not possible haha

      • [Deactivated] on 11/02/2019 - 16:47
        -1

        Agreed. No need to be vindictive.

        Although 1 second is a long time. Anyone changing lanes on a busy road and stomping the brake would meet with a collision a second later.

  • Tech5 on 11/02/2019 - 16:23
    +3

    Also. Is this you? https://www.youtube.com/watch?v=LLuaPZWkvZ0

  • Sex on 11/02/2019 - 16:33
    +2

    The fact that you even had to ask the question shows me that you don't deserve your license. Learn a bit of patience.

  • fantombloo on 11/02/2019 - 16:41
    +4

    Talk about posting self-incriminating evidence.

  • Randxyz123 on 11/02/2019 - 16:47
    -2

    Probably should delete this thread and in the future check your mirrors for other cars.

    The other party will contact you. When they do, Call your insurance company and make a claim.

  • [Deactivated] on 11/02/2019 - 16:47
    -1

    No question at all. OP is at textbook fault. TBH I got the feeling even before the accident the OP doesn't drive defensively.

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