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

  • Bignudge on 02/11/2024 - 08:22

    Dash cam driver at fault

  • AndyC1 on 02/11/2024 - 08:31
    +1

    Red car changed lanes legally and safely, so dashcam driver at fault for not keeping a safe distance to the car in front in order to stop in case of something going wrong.
    The red car stopped without hitting the car in front, but the car in front of the red car hit the car in front of it.

    Dashcam driver is in denial that driver is at fault.

    • askbargain on 02/11/2024 - 09:15
      +2

      dash cam driver should have sped up and hit red car on the side and make it a 50/50 claim

      red car clearly accelerated to "cut" in front of dash cam

      • AndyC1 on 02/11/2024 - 11:52
        -1

        Do you drive in the inner city where there are roads like in the dashcam? If not then….

        • askbargain on 02/11/2024 - 14:17
          +1

          Not sure how that is relevant.

          If two people are merging into the same lane and hit the side, it’s not 100% someone’s fault

    • bargaino on 02/11/2024 - 14:59
      +4

      Red car changed lanes legally and safely

      you reckon? Red car cut less than a second in front of OP, as if he had not seen OP merging from on-ramp. I don't call that safe or legal.

      OP was very wrong in trying to illegally change lanes again, instead of hitting the brakes. But he could try arguing contributory action. Not innocent.

      • AndyC1 on 02/11/2024 - 15:21

        If it was not safe the dashcam should have hit the breaks, but did not until after when the dashcam driver started to change lanes and hit the red car.

        Inner city driving on roads like the one shown are a dogs breakfast and there is a difference between legal and acceptable where this was not acceptable or nice.

        • Ramrunner on 02/11/2024 - 15:27
          +2

          brakes

        • Ozykins on 03/11/2024 - 20:46
          +2

          He should have waited till he got to a rest area if he wanted any BREAKS but that's an aside. Dashcam was late hitting the BRAKES

  • skid on 02/11/2024 - 08:31
    +5

    Dash cam driver at fault

    The driver in the red car is a bad driver tho

  • gomertose on 02/11/2024 - 08:44
    +7

    You should probably hand in your licence and delete this post

  • JIMB0 on 02/11/2024 - 09:00
    +1

    You lost the drag race to the other car.

  • JaymeRyan on 02/11/2024 - 09:09
    -2

    Potentially failing to follow the one car per green light flash. We need to have footage 10 seconds earlier as it appears that the dashcam driver may have stopped at the red light, and the white car could have pushed in line.

    Changing two lanes, could argue that the dashcam driver was trying to avoid a crash ahead with the red car and quickly changed lanes which failed.

    As it is a rear end, the dashcam driver is likely to have some blame as the driver did not give themself enough stopping distance from the car ahead (red). This is complicated as the other red car merged into the Dashcam driver's lane.

    • pegaxs on 02/11/2024 - 11:16
      +5

      Potentially failing to follow the one car per green light flash.

      It's one car "per lane". At that section of road, there are two lanes. It's one car, per green, per lane.

      In the video, there is literally open road in front of OP. They were the "one car" in their lane.

      • JaymeRyan on 02/11/2024 - 16:40
        +1

        Thanks for sharing the section of the road, not from a large city, so haven't seen this intersection before.

  • Jimothy Wongingtons on 02/11/2024 - 09:30
    +2

    Waiting for the twist that op is the red car… righttt?

  • loropy9 on 02/11/2024 - 09:31
    -4

    It's a fender bender. OP will most likely be liable. I would have negotiated to pay damages to the red car without involving insurance. Given that the red mazda already had some damage on the back, and it's not a brand new expensive vehicle, I would speculate that the owner of that car isn't overly pedantic about his car and would likely accept cash. I would have offered $300 cash to forget about the whole incident. Going through the insurance at fault is not worth the excess and the bad mark against the drivers record.

  • Rahonui on 02/11/2024 - 09:56
    -7

    The red car was a dick and cut in when they weren't allowed to, but dash cam also had plenty of time to figure out what was going on and should have backed off. Dont let your ego take the wheel for you

  • DingoBilly on 02/11/2024 - 10:40

    This is extremely obvious that the driver is at fault. Are you honestly hoping it isn't?

    • angywoo on 02/11/2024 - 15:38
      -8

      Are you serious?
      negged again?

      • pegaxs on 02/11/2024 - 16:38
        +1

        It's probably over the use of the word "break"…

        And the Mazda "brake" lights are clearly on in the video. Your car can still roll if your foot is on the brake and you let it off enough to roll, but not enough to turn the brake lights off…

  • Clickbait on 02/11/2024 - 13:48

    DashCam is at fault unless this is his first accident since he got his licence.
    Then there is no way it was his fault………until it is.

  • smartazz104 on 02/11/2024 - 13:58
    +5

    Judging by the dent on the back of the red car, it isn’t their first rodeo. Maybe they’ll think twice next time before changing into the left lane right at an on-ramp, and right behind a line of stopped cars.

    • CocaKoala on 03/11/2024 - 15:28
      +4

      On the brighter side of things, the existing dent can now be fixed at the expense of the op's insurance.

  • Sal in SA on 02/11/2024 - 14:02
    +3

    And assuming OP is dashcam driver… were you really thinking it was anyone else's fault but yours ? really would be interested in the thought process..

      • Jimothy Wongingtons on 02/11/2024 - 20:14

        Don’t let this distract you from the fact that Hector is going to be running three Honda civics with spoon engines, and on top of that, he just went into Harry’s and bought three t66 turbos with nos, and a motec exhaust system.

  • drewbytes on 02/11/2024 - 15:06
    +2

    Terrible driving from dash cam driver. 100% at fault.

  • JaymeRyan on 02/11/2024 - 16:52

    I am sorry for the driver, it is a very high stress situation to be driving in. I do think that the dashcam driver has some (most or if all) blame, just because he crashed from behind the red car, there should be a 2 second gap infront of the driver ahead of you, unfortunately, since the red car merged into you lane, and was indicating, I think he was in the clear being ahead of you. Good luck and I am glad no one was harmed.

    If you can avoid insurance, and the other red driver accept $300.00 that is great, but there could be pile up and multiple insurance companies involving multiple cars/driver.

  • digitalbath on 02/11/2024 - 17:14
    +4

    “It was simply one of those unlucky moments”
    No. It was simply an idiot behind the wheel of a car.

  • ajr5k on 02/11/2024 - 17:28

    Failed to allow safe travel distance. Dashcam owner at fault imo.

    And being at the back of a pile up like that, I sincerely hope the driver has third party insurance at a minimum or will be in for a world of financial hurt.

  • Eyepeex on 02/11/2024 - 18:08

    dashcam owner at fault

  • angywoo on 02/11/2024 - 18:55
    -6

    I have successfully been found "not at fault" when a car merged in front of me in a similar way but over a solid line at the lights. Was able to say that the car (in this case, the red one) didn't take into account the flow of the traffic when merging.

  • elgrande on 02/11/2024 - 20:55

    Love that playlist of yours.. hows the the theromstat

  • gromit on 02/11/2024 - 21:09

    Be shocked if it was declared anyones fault except the dash cam drivers, but i guess if other driver uninsured or sonething they might pull a swifty and try to pass the buck to red car.

  • Austrian Oak on 02/11/2024 - 21:22
    +6

    The red car is partly to blame, red car isn't seen as indicating until 16:24:03 and started merging into the lane after one second.

    https://ibb.co/tmbHRjH 16:24:03 first sign of indicating
    https://ibb.co/wc7X22Q 16.24:04 red car is already crossing into the lane

    Victorian Rules state that:
    You must signal for at least 3 seconds before changing lanes.
    driver must give a change of direction signal for long enough to give sufficient warning to other road users.

    Red Car clearly didn't give enough sufficent warning before changing lanes and broke the law. Obviously OP double changing lanes breaking the law too. So both parties are at fault.

    • S2 on 03/11/2024 - 11:18
      +2

      This reply and the reply from smartazz104 offer strong reason why the red car has some responsibility in this collision. It is difficult enough to enter from an on-ramp without having other vehicles rush into the lane.

    • gromit on 03/11/2024 - 14:35
      +2

      well of course that is the first sign of indicating, prior to that the car wasn't actually in the frame of the dashcam, doesn't mean they were not indicating.

  • 2esc on 02/11/2024 - 21:43
    +5

    The ramp lights have absolutely nothing to do with the accident either way.

    • coffeeinmyveins on 03/11/2024 - 09:54
      -6

      except to show the dashcam doesn't know what a red light is. It's an insight into their mentality that "I can do whatever I want" eg: merge two lanes at once.

      • MS Paint on 03/11/2024 - 10:12
        +4

        I'm confused

  • CocaKoala on 03/11/2024 - 07:47

    one of those unlucky moments…

    ..aka when you were driving around.

    Remember to stay safe on the road, everyone.

    How does remembering to be safe help when people like you are driving on the road?! You don't even seem to know who was at fault in this obvious crash that's easily avoidable!

  • nobro25 on 03/11/2024 - 08:57
    +3

    First rule of driving is look ahead and anticipate. This is clearly a rookie mistake. When multiple lanes merge into one lane you'll know for sure that lane will slow to a stop.

    Now that being said … Is that the only factor? No.

    My conclusion is that OP has slow reactions. So what was happening to OP thought process was that they wanted to get around all that traffic by going into the outter right lane. They were distracted in changing lanes but didn't factor their own response to react to sudden breaks.

    To avoid that in the future is to leave a larger gap. If somone cuts in front of you brake earlier and always anticipate what's going on a few cars ahead of you.

    • kiitos on 04/11/2024 - 12:21

      Agree with all you said. But it's often difficult to leave a larger gap when merging into an already busy and packed motorway, especially when you're trying to gain speed so you can merge safely.

    • S2 on 03/11/2024 - 11:21
      +4

      Be on Oz Bargain.
      Ignore hundreds of previous comments.
      Fail to understand driving in other states.
      Post comments already covered.
      Confused as to why you get neg.

      • McFly on 03/11/2024 - 12:07
        +2

        It's all that coffee.

      • coffeeinmyveins on 05/11/2024 - 10:41

        Fail to understand driving in other states.

        what does driving in another state have to do with not being an idiot?

        Ignore hundreds of previous comments.

        I think you need to go back to school to learn how to count properly

        • S2 on 05/11/2024 - 11:38

          what does driving in another state have to do with not being an idiot?

          I think it's good that you asked. My comment was referring to going through a red light. Here is one of the chains in this post explaining why the driver was not running a red light. The misunderstanding between drivers from different states is also covered.
          It was such a hot topic that pegaxs archived the explanation.

          I think you need to go back to school to learn how to count properly

          I didn't actually count it. I just generalized. I meant "a lot" of comments prior to yours.
          Irrespective, I accept that you may still be correct.

  • timeismana on 03/11/2024 - 10:28
    +1

    Time to pay the excess and move on. Totally your fault.

  • Butt Scratcher on 03/11/2024 - 11:12
    +1

    It was simply one of those unlucky moments.

    That was not "unlucky", with that mentality it's not a surprise you got into that accident.

    Drive carefully next time, it was 100% on you and could've easily been avoided

  • EdenKai on 03/11/2024 - 16:28

    I dont see how its anyone elses fault but the dash cam driver. The red car was still completing their merge, but they were safe to do so, the dash cam driver was also safe to merge but didnt maintain safe distance. I mean I get it, you check your blind spot, you dont expect the car on your left to brake suddenly, but insurance will consider this rear ending due to unsafe distance.

  • Toph Beifong on 03/11/2024 - 19:58

    Trying to change multiple lanes in 1 go… You know what this reminds me of?

    • coffeeinmyveins on 05/11/2024 - 10:42
      +1

      "good luck everybody!"

      • UFO on 05/11/2024 - 11:24

        i change lane now

  • Repstar on 03/11/2024 - 20:33

    Red car is just merging lanes and so is dash cam driver. Always give way to the car in front. Dash cam driver at fault.

    Plot twist. You are the red car?

  • dj69 on 03/11/2024 - 21:02
    +2

    If you don't know who is a fault, you shouldn't be driving.

  • Mrgreenz on 03/11/2024 - 23:39

    50:50.

    Poor driving all round.

  • lonewolf on 04/11/2024 - 09:40

    Hmm, I thought when both cars were merging while the car behind has to give way, thats only if both cars merged at the same time. In this case it seems that the car in the back had almost the whole car in the lane before the red car merged in. I was previously told that it comes down to which car also merged first. I was told this a long time ago so not sure if things have changed now?

  • JamesBingo on 04/11/2024 - 12:37

    Red Car unaware of what was occurring up front or your lane ceasing and merging but sadly you are in the wrong.

    • Eeples on 04/11/2024 - 14:13

      I think the red car did see the line of traffic up ahead and that's why they decided to merge then and not later.

  • imurgod on 04/11/2024 - 13:27

    Dashcam driver 100% at fault.

  • CMH on 04/11/2024 - 18:07

    I think if dashcam driver hadn't tried to merge into the other lane I could argue red car at fault.

  • kaleidoscope on 04/11/2024 - 21:27

    Oops… dash cam driver at fault.

  • bazingaa on 04/11/2024 - 22:02

    that is some crazy lane changing bro, have you even look at the blind spot ?

  • trapper on 05/11/2024 - 11:14
    +1

    You sent this recording to your insurance? Jeepers…

  • UFO on 05/11/2024 - 11:14

    Eye's painted on… dash cam 150% at fault.

    Regardless of reasoning as to why traffic had stopped up ahead, they've left ZERO room to brake safely.
    Ticket for failing to give enough distance to car in front, and unsafe change of lane.

    Pay your excess and learn how to drive!

  • MrMoo on 05/11/2024 - 12:29
    +1

    OP said they would update with outcome. Where is this update.

  • miicah on 05/11/2024 - 15:55

    Should have merged faster or used your eyes to see the stopped traffic in the lane ahead.

  • NigelTufnel on 05/11/2024 - 16:35

    Member Since 14/02/2016
    Last Seen 35 min 4 sec

    Come on OP. Respond!

    • Buynowbrokelater on 05/11/2024 - 17:58

      Mistake number 1 is hitting another car and thinking you might not be at fault.
      Mistake number 2 is forgetting to create a new account to post this.

      Guess op will never login now.. goodbye..

      • NigelTufnel on 05/11/2024 - 19:59

        They were last seen 30 minutes ago again. They're logged in and surely reading this.

  • doctordv8 on 06/11/2024 - 12:06

    Not an Accident.

    Let us guess… DC driver looking to the right before changing lanes, but still accelerating without keeping a eye on the traffic directly in front.

    Mind, the Red jobby did not leave much room for himself, the DC car in merging traffic.

    A Defensive Drivers course and common sense would have prevented this common Crash.

  • McFly on 07/11/2024 - 22:59

    OP obviously can't make it back here to reply/update - their car is still at the panel beaters.

  • Nucleus Acumbens on 08/11/2024 - 23:54

    I learned that you were supposed to give way to the right unless otherwise signed.

  • McFly on 03/12/2024 - 17:32
    +1

    @T-J It's been a month - is your car back yet?

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