Who Is at Fault? Car Accident

T-J on 01/11/2024 - 23:50
Last edited 10/11/2024 - 09:16 by 1 other user

Who do you think is at fault in this car accident based on dashcam footage?

Just submitted the insurance claim. Let’s see if the forum agrees with the insurance decision—I'll update on the outcome soon!

It was simply one of those unlucky moments. I’m grateful it was only a minor incident, and thankfully, no one was hurt. Remember to stay safe on the road, everyone.

Update: Thank you everyone for participating. The insurance agrees like most people in the forum. I'm happy to share that I’ll finally be getting a new shining rear bumper, and the excess will be refunded.

Poll Options expired

  • 585
    Driver at fault
  • 7
    Red vehicle at fault
Automotive

Comments

  • boomramada on 01/11/2024 - 23:59
    +76

    Person with the dash cam

      • ihfree on 02/11/2024 - 12:56
        +33

        You can scroll to the BOTTOM of the page to leave a comment. You don't need to hit the first reply button you see.

        • smartazz104 on 02/11/2024 - 13:51
          +7

          He really needs to change his username.

          • MS Paint on 02/11/2024 - 14:56
            +10

            @smartazz104: Used to go by amazingone.

            I like the @JIMB0 version….

            HeWhoKnobs

            • pegaxs on 02/11/2024 - 16:29
              +6

              @MS Paint: Whelp, here goes all my negs in one thread again…

            • Butt Scratcher on 03/11/2024 - 11:02

              @MS Paint: Ah, yes.

              I recall there being a person who regularly hijacks top comments with their bad takes.

              Must be them, with the Luffy one piece profile pic?

  • Jaduqimon on 02/11/2024 - 00:07
    +20

    unless someone was behind you and hit your arse which made you hit their arse, its your fault.

    • Gervais fanboy on 02/11/2024 - 00:12

      unless someone was behind you

      Regardless, it seems like the dashcam driver was trying to switch multiple lanes in one swift go. He’d be somewhat liable anyhow.

      • OzzyOzbourne on 02/11/2024 - 15:56

        So if you swerve in front of someone leaving little distance and slam on your brakes and the person behind hits you, then it's their fault?

        • GregRust on 02/11/2024 - 16:28
          +1

          I think that is the consensus, yes. Regardless of the selfishness and arrogance of drivers on the road who force their way into a gap, if you hit them from behind then you are at fault.

          • nigel deborah on 04/11/2024 - 07:44

            @GregRust: It depends how fast it all happens. If you had time to create a gap after they moved in front (which doesn't take long, a few seconds maybe) then you are at fault.

      • johnno07 on 03/11/2024 - 16:01

        Lol what, mate? So if I cue ball a car into another car, into a group of kids, I'm not responsible?
        HeWhoIsClueless.

    • Gervais fanboy on 02/11/2024 - 00:32
      +10

      Watch it again, no one ran a red there.

      The light turned green and two cars(one car from each lane) were permitted to pass.

        • Gervais fanboy on 02/11/2024 - 00:55
          +29

          Ahh, I understand where you are coming from. This must be a state thing I guess.
          In Victoria, this is how our traffic lights operate on an on-ramp, they turn green only for a second. Both drivers followed the correct protocol with this one.

          • angywoo on 02/11/2024 - 00:59
            +1

            @Gervais fanboy: Just came back from VIC and driving over there is absolutely crazy! Nothing like Perth.

            We have these lights here in Perth and I always thought that if it is red you can't go. Are you really sure that is the case in VIC? You can go through even if it is red and you didn't make it across in time? Just doesn't sound safe.

            • Gervais fanboy on 02/11/2024 - 01:03
              +2

              @angywoo:

              I always thought that if it is red you can't go

              And you are right ofcos. We only have this strange rule/understanding with when it comes to our on-ramp traffic lights.

              You can go through even if it is red and you didn't make it across in time?

              Yes, that’s just how we do it over here and as I said already the lights only turn green for a second so it’s just not possible to avoid the red.

            • maverickjohn on 04/11/2024 - 09:17
              +4

              @angywoo: The green acts as a signal to proceed. It's not your typical traffic light. We have it in NSW on the on ramp going to M4.
              It pretty much dictates one person of each lane to proceed. Then the next cars wait also for that green signal etc. but it's only ever 1 car per lane, which the dash cam driver did appropriately.
              In saying that the outcome was definitely drivers fault as he tried to shift two lanes in one go and also his hazard perception didn't trigger a slowing down when the red car was changing lane… Although that's the dumbest time a person should be changing to the left lane.
              So the red car is an idiot too

              • Browsers on 04/11/2024 - 13:25
                +1

                @maverickjohn: Yes, and the ramp lights also tell the driver something about the hazard ahead - they often only exist to reduce gridlock and accidents in known trouble spots where there are on and off ramps in quick succession. Always use extra caution in these situations. While OP will be deemed at fault for not braking earlier, the red car should not have pulled across into the lane behind the white car until safely past the point where traffic from the on ramp merges.

            • drfuzzy on 05/11/2024 - 00:50
              +1

              @angywoo: I'm just pleased to hear the electricity has made it as far as Perth

          • apsilon on 02/11/2024 - 06:06
            +3

            @Gervais fanboy: Same in NSW, those traffic metering lights basically only blink green. It's impossible to make it through on the green.

        • thetrain on 02/11/2024 - 00:55
          +1

          the light only stays green for a second or two, and yellow is 0.2s. if you stop again on the red you'll never pass go

          • angywoo on 02/11/2024 - 01:00
            -1

            @thetrain: I thought this is why cars have sports mode.

            • thetrain on 02/11/2024 - 18:30

              @angywoo: in NSW its green for about 0.2s. Even in sports mode I am crossing the line on red

      • Gervais fanboy on 02/11/2024 - 00:58
        -6

        https://www.ozbargain.com.au/comment/15873154/redir

        It’s not like @Benoffie ever needs a reason to neg me anyways.
        He/she has a problem with me merely existing lol.

      • HeWhoKnows on 02/11/2024 - 08:59
        -3

        Im not from VIC so to me its very confusing indeed.
        The lights changed so quickly.
        If anyone stopped so quickly they would cause a multi-car pile up,
        There is no stop line at the lights so I can only assume it applies to cars behind OP.

        Anyway, has no effect on the incident

    • angywoo on 02/11/2024 - 01:02
      -6

      Goodness knows why you are negging me…?

      • Gervais fanboy on 02/11/2024 - 01:04
        +7

        Welcome to Ozbargain

      • Yummy on 02/11/2024 - 01:04

        negging me

        Welcome to OzB.

        • angywoo on 02/11/2024 - 01:09
          -7

          Racism is never ok.

          (Especially when half a Russian is reading the post.)

          • Yummy on 02/11/2024 - 01:11
            +2

            @angywoo: In Soviet Union, they don't know jokes.

            /s

            • Gervais fanboy on 02/11/2024 - 01:12

              @Yummy: In Soviet Union, you are not allowed to say “In Soviet Union, they don't know jokes.”

              • Yummy on 02/11/2024 - 01:20
                +2

                @Gervais fanboy: Those vodka munchers, I don't get em at all.

                • Gervais fanboy on 02/11/2024 - 01:26

                  @Yummy: Yeah but they did come up with the almighty Lada. I love me a Lada.

                  • entropysbane on 03/11/2024 - 12:09
                    +1

                    @Gervais fanboy: As someone who as driven a lada (and a trabant) I don’t understand why you are being negged. Obvious sarcasm.

                    • Gervais fanboy on 03/11/2024 - 12:11

                      @entropysbane: Na na, the negs didn’t have anything to do with what I wrote. I just have a swarm of people follow me around on Ozbargain and neg me spuriously. Mostly because they don’t like my politics. Bunch of weaklings.

                  • AnophthalmiaCervidae on 04/11/2024 - 12:06

                    @Gervais fanboy: Lada?
                    Do you mean LADDA the IKEA eneloops?
                    I believe they are made in Japan.
                    You can get some fairly decent Japanese Vodka too (from the liquor store not from IKEA).

                    • AnophthalmiaCervidae on 04/11/2024 - 12:23

                      @AnophthalmiaCervidae: You don't like pointless jokes in a pointless thread comparing much derided car with a similar named OzB popular rechargeable battery?
                      You don't like LADDA batteries?
                      You don't like Japanese Vodka?
                      or
                      You REALLY do love Lada so much that you have taken offence at my comment?

            • Murkymerv on 02/11/2024 - 05:34
              +1

              @Yummy: Obviously your living in the late 80's as soviet Russia became Russian Federation in 1991 .

              • entropysbane on 03/11/2024 - 12:07

                @Murkymerv: Yes I laughed, but then I thought there are far too many kiddies that would struggle to know what soviet and the Iron Curtain means.

                • Gervais fanboy on 03/11/2024 - 12:12

                  @entropysbane: It was obvious sarcasm mate, I didn’t know what @Murkymerv was on about so i just didn’t care to clarify.

                  • Murkymerv on 03/11/2024 - 14:47

                    @Gervais fanboy: Clarify this , it's the Russian Federation not soviet union .

                    • Gervais fanboy on 03/11/2024 - 16:19
                      +1

                      @Murkymerv: Yeah it’s Russia ofcos but @Yummy made a tongue in cheek remark, I continued the joke.

          • Sammy2000 on 03/11/2024 - 09:43
            +1

            @angywoo: What does anything have to do with Russians?

            • angywoo on 03/11/2024 - 15:51

              @Sammy2000: People have been making comments. Read the thread.

            • Murkymerv on 03/11/2024 - 22:16
              -1

              @Sammy2000: Because everyone one looks at Russia as the bad guys , totally ignoring the real thugs being US democracy abroad.

    • jv on 02/11/2024 - 01:14
      +4

      Do you want us to include the fact you went through on a red light?

      No they didn't.

      Read the sign.

      • pegaxs on 02/11/2024 - 09:00
        +3

        100% this…

        OP "the dash cam driver" had their green light and proceeded as instructed by this sign

        • maverickjohn on 04/11/2024 - 12:15
          +1

          Angrywoo will get killed off in green light red light from not moving!!!
          Don't join squid game brother!

    • Caped Baldy on 04/11/2024 - 09:55
      +3

      It's called ramp metering… worth looking into. It's meant to regulate traffic on to motorways to reduce overall speed reduction.

  • Save 50 Cent on 02/11/2024 - 00:29
    +45

    If you aren’t sure who’s at fault, then that partially explains how you got into an accident in the first place.

    • bluemyself on 03/11/2024 - 14:54

      Idiot here. This seems to make sense but I don't know why. Can you explain this?

      • Save 50 Cent on 03/11/2024 - 19:18
        +2

        I just meant if someone doesn’t know who’s at fault is such a situation, it probably means they don’t know the road rules in the first place and such ignorance would make them get into more accidents.

  • Yummy on 02/11/2024 - 00:38
    -6

    Must be Russian.

  • AustriaBargain on 02/11/2024 - 00:52
    +3

    u r

  • OMGJL on 02/11/2024 - 00:53
    +14

    dashcam owner is at fault.

    1. changing multiple lanes

    2. fail to keep distance with the vehicle in front (the red mazda has already finished merging)

    pretty much the car behind is almost always at fault in rear end collision, the only exception is when car in front purposely do break check…. and even then the judge can still challenge you with the question why don't you keep safe distance.

    • Ramrunner on 02/11/2024 - 13:52
      +2

      A BRAKE check is very hard to argue even with footage and witnesses.

  • Bruceflix on 02/11/2024 - 01:04
    +9

    Without an MS paint diagram, i really can't say

    • someone else on 02/11/2024 - 07:37

      We live in times when videos might be more reliable and able to replace MS Paint diagrams.

      • MS Paint on 02/11/2024 - 07:44
        +22

        Pffffft

      • DashCam AKA Rolts on 02/11/2024 - 12:09
        +1

        We live in times when dash cam videos might be more reliable and able to replace MS Paint diagrams
        Got to agree.

      • Massive Flog on 02/11/2024 - 12:28

        @this is us Heretic!

      • tooblue on 03/11/2024 - 13:29
        +1

        We live in times that nothing is reliable when AI is able to generate anything.

  • jv on 02/11/2024 - 01:11
    +7

    Dash cam driver, 100%

  • hasher22 on 02/11/2024 - 01:26
    +20

    Obviously the dash cam driver.

    Trying to double lane merge and I am 99% certain they were looking at their blind spot for the second lane merge and wasn't focusing on the first lane on what's going on.

    This is why you don't double lane merge……. Congratulations, you wanted to save 5 seconds, now you just wasted weeks and money just because you're impatient

    • Gervais fanboy on 02/11/2024 - 01:29
      -4

      Everyone’s having a go at the op lol.
      Firstly, we are not sure if that was him driving that dash cam car.
      Second, even if that’s him he’s anyways going to face the consequences for his negligence. Why are people getting so mad over this.

      • hasher22 on 02/11/2024 - 01:52
        +21

        Because it's just stupid driving in general.

        The red car now has to deal with the dash cam's foolishness.

        If my life was inconvenienced by someone else's mistake, there should be further compensation. For example, I work as a contractor and if someone hit me from behind and I wasn't able to go to work, where is my compensation? And even if I had income protection insurance, I shouldn't need to make a claim.

        • Gervais fanboy on 02/11/2024 - 02:02
          +4

          I hear you, agree with you and ofcos the dash cam driver is at fault here but there are so many cars on the road, stuff happens sometimes. Hopefully the driver at fault will learn from this and does better next time.

      • Murkymerv on 02/11/2024 - 05:38

        Why so serious!

        • hasher22 on 02/11/2024 - 13:29
          +7

          Because I have been rear ended worst than this at a roundabout!! He admitted he was on his phone.

          My car was totalled!!!

          Not to mention the weeks and countless contact with insurance to get this sorted out.

          I am a contractor and I NEED my car, without it, my income stops.

          Also, I had to make an income protection claim which doesn't even pay out the max income I get it I was working. And I need to pay for excess.

          Now you tell me, should a person go through all this when it wasn't even my fault.

          If you been in a car accident that hinders your life and finances, then you should know.

          • sumyungguy on 03/11/2024 - 13:32
            +1

            @hasher22: If I became the despotic leader of my own nation, one of the policies on my (long) list is loading the fine/sanction for at-fault parties that cause peak hour disruption. Hadn't thought too deeply about individual compensation but will give this due consideration.

          • Murkymerv on 03/11/2024 - 14:45

            @hasher22: You could also look at the lesson it's been for you to be more prepared "if" the situation were to arise again. As hard as it was for you I'm sure you've made alterations to your income protection and or insurance.

  • miwahni on 02/11/2024 - 01:35
    +5

    I'm not sure why this even needs to be asked, unless you come from a place where the person in front is to blame for someone rear-ending them.

    • CocaKoala on 03/11/2024 - 07:37

      Even then they should have read and understood the road rules for Australia.

  • Jimothy Wongingtons on 02/11/2024 - 01:38
    +7

    I'll update on the outcome soon!

    Don’t let us down op

  • Exprise on 02/11/2024 - 02:01
    +2

    Dashcam driver at fault

  • AngoraFish on 02/11/2024 - 05:49
    +3

    Dashcam was driving too fast for the conditions. Also, any time you rear end someone it's your fault.

  • Gunnar on 02/11/2024 - 05:52

    you are the driver is at fault

    Even trying to play the card that you were in the lane first (and the red car needed to give way to you) is unlikely to work because you were not fully in the lane

  • SBOB on 02/11/2024 - 06:19
    +3

    Im not sure this survey needs two choices.
    This has to be one of the least controversial 'whose at fault' ozb car lawyer posts ever

  • c64 on 02/11/2024 - 06:43
    +4

    it was the fault of that topless woman walking along the side of the road

  • Fredfloresjr on 02/11/2024 - 07:14
    +1

    Ahahaha no need brain here.

    Was the cyclist. So they need to pay road taxes like us.

  • Sal in SA on 02/11/2024 - 07:26
    +3

    How is this even a question ?. If anyone is uncertain that the dashcam driver is in the wrong, please never ever drive again.

  • GordonD on 02/11/2024 - 07:54
    -6

    I have run the video a couple of times. I can't see why the white vehicle in front stopped suddenly. If its not a good reason then it caused the crash.

    • HomerJ on 02/11/2024 - 08:08
      +2

      I think the white car hit the car in front

    • pegaxs on 02/11/2024 - 08:36
      +6

      I can't see why the white vehicle in front stopped suddenly.

      Because there is a line of stopped cars in front of it. From about the 12 to 16 second mark you can clearly see the bank up of stopped cars and you can see the 3 or so cars in front of the white car that stops.

      From about 22 seconds onwards, you can clearly see that there is a line of stopped cars in the red car's lane.

      And the white car "stops suddenly", because as it slowed and came to a stop… they too hit someone :D So, yeah, they are also at fault, but not for what transpired with the dash cam car and the red Mazda.

  • pegaxs on 02/11/2024 - 08:17
    +12

    lol… really? You needed to post this as a question? *face palm*

    And just before the inevitable "DELETE THIS POST!!" edits to the OP and the taking down of the video… It has now been archived for posterity.

    • Jimothy Wongingtons on 02/11/2024 - 08:44
      +3

      archived(imgur.com) for posterity.

      This is extremely aesthetic

    • smartazz104 on 02/11/2024 - 13:55

      No one’s going to remember this by next week.

      • MS Paint on 02/11/2024 - 14:58
        +10

        That's what council BBQ dude thought as well.

        • Jimothy Wongingtons on 02/11/2024 - 20:11
          +2

          I think most people forgot about epic ozbargain lore like broden and zackyd , maybe time does heal some scars

      • Jimothy Wongingtons on 02/11/2024 - 20:12
        +1

        I look forward to the review on Monday morning in the usual random discussion thread.

    • WhyAmICommenting on 03/11/2024 - 17:56
      +1

      A fellow home star runner fan?

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