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

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.

closed Comments

  • +44 votes

    100% you are at fault.

    • +6 votes

      this.

    • +6 votes

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

    •  

      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.

    • -1 vote

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

      /s

      •  

        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.

  • +4 votes

    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

    • +4 votes

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

  • +6 votes

    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.

  •  

    You are at fault. Lesson learned and move on.

  • +8 votes

    a Nissan has hit my car.

    Pure denial lol

  • +3 votes

    fault = you

  • +5 votes

    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

  • +2 votes

    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.

  • +1 vote

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

  • +1 vote

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

  • +5 votes

    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?

  • +6 votes

    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.

    • +2 votes

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

  • +16 votes

    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.

  •  

    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

  • +4 votes

    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...

  • +2 votes

    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.

  • +5 votes

    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.

    • +1 vote

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

  • +3 votes

    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.

  • +8 votes

    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.

  • +4 votes

    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?

  •  

    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.

  • +2 votes

    Completely your fault

  •  

    Do you have a rear camera op ?

  •  

    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.

  • +1 vote

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

  • +5 votes

    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.

    • +3 votes

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

      • -1 vote

        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.

  • +2 votes

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

  • +4 votes

    Talk about posting self-incriminating evidence.

  • -2 votes

    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.

  • -1 vote

    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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