Swerve Car Accident Case, Who Wins Claim?

LKitkat20 on 17/04/2022 - 00:21
Last edited 17/04/2022 - 07:23 by 1 other user

Hi OzBargain Fam I am posting on behalf of my friend regarding car accident, situation is like this:

My friend car 1 : taking right from street to highway on extreme right lane.
Car 2: driving either on middle lane or right lane but not clear
Car 3: driving in middle lane but bit far from car 2.

Situation: My friend took right and as per car 2 vision: they were driving in right lane and they swerve car to middle lane and stopped, hence skid. My friend slow down car in right lane as 2nd car coming to right lane after that:
In the meantime, car 3 comes from behind and hit car 2.

Question: whose fault is it and whose insurer has to pay? Car 3 and Car 2 are saying my friend that he did this and created accident etc, also there is no camera to prove wat happened actually.

Also, no damage to my friend car and car 2, 3 damaged which they had to tow.

Final position of cars: car 2 n 3 in middle lane and my friend car in right lane

Also, no one injured.

Automotive

Comments

  • MS Paint on 17/04/2022 - 00:25
    +5

    A sequence of MS Paint drawings required please.

    I'm confused.

    who wins?

    There are no winners in car accidents.

    posting on behalf of my friend

    Gut feeling tells me this is true

    on extreme lane.

    Is this the nearest lane to car 1 or the furthest?

    What is the speed limit on this highway?

    • Kitkat20 on 17/04/2022 - 01:18

      Thanks for reply, speed limit 80 and it’s the nearest lane.

      Agreed no one wins, i just updated to who wins claim

  • resubaehtgnolhcs on 17/04/2022 - 00:33

    Sounds like your friends fault - he turned on to a highway, and in the "extreme" lane (I take this to mean the far right hand lane)!

    Some drivers have been known to drive off if their car was not damaged, leaving the other two cars (2 & 3) to sort out the mess.

    • Kitkat20 on 17/04/2022 - 01:18

      Sorry it’s not extreme. It’s closest one which is turning right into right lane

  • bdl on 17/04/2022 - 00:34
    +1

    Ozbargain forums ALWAYS wins

    • Kitkat20 on 17/04/2022 - 01:19
      +1

      Always

  • rektrading on 17/04/2022 - 00:57
    +3

    In the meantime, car 3 comes from behind and hit car 2.
    Also, no damage to my friend car and car 2, 3 damaged which they had to tow.

    The drivers that hit each other had an accident. Let them sort it out.

    • Kitkat20 on 17/04/2022 - 01:20
      +1

      I think so as well but all 3 exchanged info. Does my friend have to discuss with their insurer or leave it as no damage to his car

      • rektrading on 17/04/2022 - 01:27
        +3

        Your friend didn't hit anyone. There is no need for them to make a claim.

        It sounds like your friend were a witness to the accident where driver 3 hit driver 2. Let drivers 2 and 3 deal with each other.

  • SF3 on 17/04/2022 - 01:02
    +1

    Sound like a lot like this story, driver didn’t get hit any other car, but caused 11 car pile up, and 1 driver killed.

    Correlation would say, your friend very likely at fault.

    • rektrading on 17/04/2022 - 01:10

      That story reads as the driver went from right to left.

      OP went from right to right, right?

      • Kitkat20 on 17/04/2022 - 01:22
        +1

        That is correct, turning right into right lane and other car swerve as per them and ended up skidding due to brake. However, my friend car didnt touch them and was still driving in right lane

  • Zylam Marex on 17/04/2022 - 03:14
    +3

    Hard to understand what you're trying to say. You need to provide a simple diagram. From what I can gather, technically your friend could have just driven off as they aren't involved in the incident and let the other two sort it out. However from the sound of things, if they entered the highway in a way that caused any car to swerve out of the way or hit the brakes and then be collided into, then the moral judgement is that your friend is at fault as if they hadn't done such action, no car would have had to take evasive action and no accident would have happened. In that case your friends insurance should take care of the other cars.

    However the counter case is that your friend may have entered the highway in perhaps a slightly aggressive manner but still leaving room and not being directly in the path of car 2 and that car 2 overreacted causing the incident. That is the part that is up in the air and more data of the incident needs to be provided for us to study.

    Just going off of a hard to understand description, you probably aren't going to get much more than that from us.

    Also my two cents, if you are on the furthest left lane on the highway, and you see a car entering and its almost in line with you, you should back off and let it merge, I've never understood how racing cars while you are in the merging lane helps anyone. Or worse yet, changing into that lane right at the entrance. I've seen trucks do that, just magically expecting the dude that's entering the highway to slam the brakes because they have nowhere else to go.

  • Baysew on 17/04/2022 - 07:52
    +1

    Insurance will sort the matter out.

  • AndyC1 on 17/04/2022 - 08:22
    +1

    MS paint, photo, google maps and video needed.

  • pegaxs on 17/04/2022 - 09:09
    +4

    Car one for failing to give way to cars already on the road.
    Car two for suddenly changing lanes and stopping causing an obstruction.
    Car three for failing to leave sufficient space.

    The only winner is car four who had a dash cam and uploads it to Dash Cams Australia for the lulz.

    • Zylam Marex on 17/04/2022 - 19:12

      Yeah, however I'd say Car 3 shouldn't be held guilty, they may have had plenty of space between themselves and the next car in their lane. If someone suddenly jumps into your lane and hits the brakes, it shouldn't count towards not leaving room, that's dangerous driving on the lane changers part.

  • gimli on 17/04/2022 - 11:35
    +2

    it sounds like car 2/3 are responsible for damages although car 1 was possibly driving dangerously.

  • bobbified on 17/04/2022 - 12:08
    +1

    Your "friend" is an AH for turning right and not giving way.

    While you don't have to be physically involved in the collision to be the "cause" and held responsible, unless there's footage of it where it's quite obvious who's caused it, it's likely he/she can get off by just denying it (and the other two vehicles will be left sortiing it out amongst themselves)..

  • Drakesy on 17/04/2022 - 13:07
    +2

    Sounds like your friend may have turned onto a road an in the process impeded traffic by not giving way.
    If the cars can prove it your friend will have a bit of a case to answer.

    Family guy kindly animated this scenario

  • JimmyF on 17/04/2022 - 13:35
    +1

    Car 3 and Car 2 are saying my friend that he did this and created accident etc, also there is no camera to prove wat happened actually.

    I would agree, car 1 caused this mess for sure!

    but

    In the meantime, car 3 comes from behind and hit car 2.

    But in the eyes of insurance and without video proof etc, I think you'll find that Car 3 is as fault here for failing to leave a safe distance.

    Either way, your 'friend' really should take a long think about their driving style as they really did cause this entire mess.

  • Gronk on 17/04/2022 - 14:22
    +2

    Car 2: driving either on middle lane or right lane but not clear

    So allow me to get this straight - your friend couldn't determine whether car #2 was already in the lane they were pulling out into but decided to pull out onto the highway anyway?

    In what universe does that not put your friend at fault here?

    • [Deactivated] on 17/04/2022 - 17:56

      Yeah sounds like car 1 (the friend) is shit at driving, turns onto the highway while cars are doing what I'm guessing 80+, causing them to swerve to avoid the collision which leads to the accident.

      The friend should definetely be at fault if thats the case.

  • AussieDaddy on 17/04/2022 - 16:26
    +2

    If "your friend's" car didn't hit another car then the two drivers of the vehicles that collided should sort it out between themselves.

    • Kitkat20 on 18/04/2022 - 00:26

      Just quick one on this - should my friend contact his insurance company just to give headsup or leave it till other party come back to him?

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