Changing lane and got hit. Need help!

Hi all,
I just got into a minor accident yesterday and it was my first accident after 5 years driving in Australia. I was confused and I still am.

So it was 5ish pm and I was on my way home. I was on the three lanes road and I was in the middle lane, then I switched lane to the left and got hit by a motorcycle. He was fine and it was his first accident as well so we exchanged our details then left the scene. As of QLD rules, I filed a traffic incident report to Policelink today to get the report number for my insurance company and because I only have third party insurance so I am not able to claim for fixing my car damage.

I am so confused now! Who's gonna investigate the incident to decide who was at fault? My insurance or his insurance, or both of them? What should I do next?

I have the front dashcam footage only, and my car damage.

All your help is appreciated.

Cheers

Edit: Thank you for all your inputs.

FYI, I drive carefully, always had signal > rear/side mirror check > shoulder check > change lane.
I am not trying to argue who is at fault here and let the authorized party decide it.

But let's discuss.

So the left lane is Bus lane and I believe it ends when the continuous line ends as you can see in the footage. I stopped because I could see several cars had signal on and switching lane, so I waited and let them pass.
The problem is I cannot remember the motorcycle was in the middle lane or he already switched to the left lane. The distance is not much to tell.

Furthermore, he hit me when I was already in the lane (my car was completely in the lane) and this makes me confused. So what if he was in the middle lane then he switched lane and sped up?


Update:

Okay, guys. Let's stop discussing here as my questions are answered.
Thanks to the people who answered my questions and gave me advice as well as the people who pointed out what I should have done better to avoid the same incident in the future in a good manner.
As I stated, I did not ask who was at fault, but what should do with my insurance or what are the next steps because this was my first accident. But so many people focused on telling me it was my fault rather than giving me advice.
Look, people, nobody wants to get involved in accidents, but it's called "accident", right?
Thank whoever up above that it was a minor incident, and the rider was not injured.

closed Comments

  • +33 votes

    Pretty clear cut that you're at fault there, assuming he was in that lane already. Based on the damage, you cut him off.

    He claims on his insurance, who then chase you. You can then claim on your 3rd party, and give them the info of the other party's insurance company. They then arrange to sort out the other party, while you pay for repairs of your car, if you choose to

    If he doesn't have insurance, then he'll chase you for the costs. You can then pay for it, fight it in court, or give it to your insurance company and you pay your excess.

    • -2 votes

      Thanks, but what if he was in the middle lane as I was and switched lane a second before me?

      • +10 votes

        did you see the motorcycle in your rear view mirror?

        or was this an invisible motorcycle you didn't see that was magically in both the middle and the left lane and it still isn't your fault? if you merge directly in front of someone expect to be hit

        re your edit: motorcycles are allowed in bus lanes. be thankful it was a motorcycle that hit you and not a bus

        •  

          I wish it was a bus so I can see it clearly man.
          Btw, In QLD, bus lanes are for the use of buses, bicycles, taxis, limousines and emergency vehicles.
          And I saw him in my rear mirror if I remember right, but was not sure if he was in middle lane or already in left lane

          • +6 votes

            @dinhdz91: ok so QLD no motorcycles in bus lane, but a bicycle is equally difficult to see.

            Learn and be aware of your blindspot, having ridden bicycles and motorcycles in Sydney it only takes one inattentive driver to wipe us out

            • +3 votes

              @thetrain: Lesson learnt mate!
              But shit things happen and I feel released as it was a minor incident and the rider was okay.

              • +2 votes

                @dinhdz91: thats a good attitude mate!

                at the end of the day, stuff can get fixed. As long as rider is ok and you learn to be careful of other vehicles then thats the best outcome

                trust me no motorcyclist deliberately drives into another vehicle on the road

      • -1 vote

        You are now making up stories to fit your incompetence in driving.

      • -1 vote

        He'd be in the lane before you, and you're still at fault for running into him.

    • +6 votes

      Head checks. Head checks. Head checks. Check your blind spot before changing lanes!

      Negligent driving causing serious injury or the death of a motorcyclist will result in a prison sentence.

      Consider yourself lucky that the rider was unscathed and learn from the experience before you kill somebody.

    • +1 vote

      The biker had no chance. Once you swung into the left lane he would done everything that he could to not hit you. I sense a lack of proper indication of intention, more an "I'm changing lanes now" indication.

      I rode for enough years to know the difference can be life or death for pushbike and motorbike riders. Simply put, indicate with enough time for others to know your INTENTION and react accordingly.

  •  

    Too impatient that you cut someone off to overtake cars on the left lane. I would say it's your fault.

  • +3 votes

    That dashcam footage is of very little assistance. You can't tell what the motorbike was doing.
    Submit the claim to your insurance - provide the other guy's details.
    Let the insurance sort it out.

  • +2 votes

    Point of Impact &
    The Scenario, being failure to give right of way, point to you being AF

  • +3 votes

    then I switched lane to the left and got hit by a motorcycle

    “Then I switched lanes without looking…”

    FTFY.

    Always check what’s happening in the lane you’re merging into. The motorcyclist was clearly in there first and you didn’t have sufficient space to merge.

    •  

      You cannot possibly tell that from this vision, for all we know the motorbike was 3 car lengths back in the same lane and decided he would move to the left at a decent speed and did not anticipate a car in front also doing the same.

  •  

    Seems like you're at fault for not checking your blind spot.

  • +4 votes

    I'd thank whatever deity you believe in that that was all that happened. You could have killed him, and in Australia, thats kiiiiind of a big deal

  •  

    Absolutely your fault. You changed lanes into the motorbike rider. If he has full comp they will contact you, otherwise he might send you a letter of demand.

  •  

    Looked like you merged without checking your blind spot. Another Ozbargain Auto self own.

    • +7 votes

      Nah, I think the best "own goal" was the guy who posted up a video of himself, without lights on, turning in front of a bus. He even tried to delete the video and cover it all up.

      The best ones always end in "DisabledUser3943583"

      Or who could forget the guy who got upset over the parked truck and posted photos which I subsequently debunked as bullshit? Another epic "own goal".

  •  

    It looks like the biker sped up to catch up to the ute as he saw the huge gap in front. When merging into a lane with less traffic, you got to be extra careful as people in that lane usually to speed up to catch up to the vehicle in front unless they are the forgiving type.

    •  

      Yes I stopped to watch and let all the cars to pass. The left lane is a bus lane and it just ends (you can see the continuous lane ends at the beginning of the video)

    • +1 vote

      It looks like the biker sped up to catch up to the ute as he saw the huge gap in front.

      I'd love to know your equation for calculating the speed of an off-camera moving vehicle.

  • +10 votes

    You were stationary and merged into a moving left lane and got hit beforr you have even made one full car length ahead (ie, you are still in the merging process).

    You are at fault.

  • -1 vote

    Bike going 50+

    You merged from stopped

    Bike hit you while you were still merging

    = mostly your fault

    • +6 votes

      Bike hit you while you were still merging

      = mostly your fault

      Fixed that for you

      •  

        Insurance will argue that the bike was going too fast for the conditions or some bs so the poor bike rider will also cop something

        •  

          yeah the OPs video would say otherwise. 3/4 into change the lane and getting hit, is driver cutting the bike off!

  • +6 votes

    Some nice "SMIDSY" there.

    So the left lane is Bus lane and I believe it ends when the continuos line ends

    Correct. The bus lane ends here where the sign is, at the end of the continuous line. (Approx. 140m before the impact.)

    The problem is I cannot remember the motorcycle was in the middle lane or he already switched to the left lane.

    Irrelevant. (But it's nice to know that you were not paying attention to the motorcycle rider)

    Furthermore, he hit me when I was already in the lane

    Incorrect. You hit the motorcycle rider. You merged into his lane. The time between when your car was merging and was wholly within that lane and the time of the impact was about 1 second.

    The distance is not much to tell.

    Assuming that the road is a 60km/h zone, you gave the guy about 15m of reaction time and stopping distance. Im surprised that the accident wasn't way more serious.

    So what if he was in the middle lane then he switched lane and sped up?

    Irrelevant. If he changed from the middle lane, and sped up, this has nothing to do with your obligation to give way when changing from one lane to another. Even if soemone is breaking the road rules, this does not give you immunity to do as you please.

    • +1 vote

      You hit the motorcycle rider.

      Eh? The motorcycle ran into him, so technically he didn't. What he did do, was not change lanes safely…Ie give way to vehicles in that lane.

      https://www.qld.gov.au/transport/safety/rules/road/lanes

      •  

        The damage is to the side of the car. With the lack of reaction time and braking distance and the location of the damage to OP's vehicle, I would say that OP most definitely hit the motorcycle rider. If it was directly in the back, sure, motorcycle hit OP. But I got a feeling that the motorcyclist was braking real hard and shitting bricks and trying to avoid the collision and OP ran/merged into them, hence the damage up the side of OP's car, not in the rear…

        And the rest I agree with…

  • +7 votes

    You better be thanking God or whoever is up above that you didn't kill that rider.

    You basically cut him off.

    Imagine you driving along at the speed limit. And a pedestrian walks out infront of you with one second of distance until you impact them. Of course you're going to hit them, there's no time to react.

    You should throw a party for not being charged of manslaughter and reckless operation of a motor vehicle causing death.

    • +2 votes

      You might want to pay attention to this post, OP. You avoided a prison sentence by the skin of your teeth.

  • +4 votes

    I am not trying to argue who is at fault here and let the authorized party decide it.

    Ok but you're at fault.

    Furthermore, he hit me when I was already in the lane (my car was completely in the lane) and this makes me confused. So what if he was in the middle lane then he switched lane and sped up?

    You pulled out into the lane that wasn't 'clear' of oncoming traffic, hence why you got hit only seconds after entering the lane. You are at fault. Simple as that.

    Who's gonna investigate the incident to decide who was at fault? My insurance or his insurance, or both of them?

    Well you have 3rd party, so you get no investigation for your repairs. Simple as that.

    You are also at fault, so no repair from the bike insurance either.

    If the bike has full comp, they'll come after you for money to repair the bike etc. So point them towards your 3rd party insurance company.

    If they don't have full comp, then you'll be seeing letters for demand of payment in the mail, also send them to your 3rd party insurance company.

    •  

      Thank you for answering my question.
      So at this point, I don’t have to contact my insurance company as I only have third party insurance and they won’t pay to fix my car, right?
      Should I contact the biker to discuss regarding the damage to to his bike? As I noticed, there was one side mirror felt off, broken light and some minor scratches, and if the cost to fix it is less than my access fee, should I contact him or just wait for the bill and pay if it is?
      And both of us left the scene without taking any photos of the scene and the damages of both vehicles, how do I know if the insurance company doesn’t charge me for existing damages?
      First time in accident so I’m kind of lack experience.
      Cheers

      •  

        How much is your excess?

        •  

          $600 I think

          • +2 votes

            @dinhdz91: Might as well pay the excess. Doubt $600 will cover the damage you mentioned.

            No harm asking the rider how much is the quote.

            •  

              @CMH: Yeah I think I will give him a call tomorrow.
              Cheers

              • +1 vote

                @dinhdz91: Just remember to get the right paperwork in order if you're going to settle outside insurance.

                If you just hand him cash you'll find that he might come back and ask for more, which is why it MIGHT be prudent to just claim on insurance to save yourself that headache.

            • +1 vote

              @CMH: I had the same kind of damage before. Replace headlight, mirror, handlebar and respray tank. Close to $3k.

              Naked bike.

              • +1 vote

                @tshow: Repaired a bike the other day for a customer. It had a broken headlight lens, broken indicator, bent lever and a cracked speedo assembly, $2,000 just in parts.

                •  

                  @pegaxs: Sounds about right.

                  Yeah, mine would have cost more due to speedo clip cracking but thank god for gaffa (7 years and holding).

      • +3 votes

        Are you talking Third Party Liability Car Insurance (as I believe it's called in Queensland) or Compulsory Third Party (CTP) insurance? Liability insurance is for damage to other's property and is optional (but VERY VERY ADVISABLE). CTP is for personal injury (or inability to work) to other drivers and as the name infers, is compulsory.

        I only mention this because it confuses many people.

        EDIT: I just read OP discussing excesses, so I figure it is liability. I'll leave my original comment if only to let one reader know the difference. All the best OP. Cheers.

  •  

    OP, given the near unanimous sentiment on OzB that you're at fault I would suggest you contact your insurer and be prepared to pay that excess.

    The problem is I cannot remember the motorcycle was in the middle lane or he already switched to the left lane.

    This just tells me you did not see the motorcycle rider.

    If you did you would be saying "he was in the middle lane and suddenly changed to the left" at which it would still be your fault because you knew he was on the left yet still merged.

    No way out of this with that line of enquiry.

  • -3 votes

    We need the motorcyclists bike cam for the other side of the story.

  • -3 votes

    This is a complete waste of time dear OP.

    No point discussing anything

    The insurance company decides who is at fault.
    There is no investigation.
    Its your word against his. Nothing more.

    For the record YOU were changing lanes so YOU are at fault.

    End of discussion

  • -1 vote

    This post is boring AF.
    I only like the ones where people have no insurance.

    •  

      I like the ones where OP kicks an "own goal" and then goes on to abuse everyone who doesn't agree with them and then deletes their post and goes @DisabledUser382377 (all because they had no insurance…)

  •  

    The motorcyclist didn't hit you, you hit them.

  •  

    You are at fault as you failed to keep a proper lookout. Clearly he was there (because you collided with him) yet you did not see him at all prior to the collision.

  •  

    From the footage, it was a normal lane for quite some time. You did a last second swerve into that lane to avoid the stopped traffic and clipped a motorbike with the rear side of your car.

    100% your fault and very lucky the motorcyclist wasn't severely injured.

    His insurance company will pursue yours for the money

  • +5 votes

    To play Devil's Advocate, I have seen some motorbike riders do some crazy things, i ride occasionally myself but more so my experience is as a car driver. I have been hit by motor bike riders speeding and trying to weave through traffic, hit my car then drive off because they can fit through traffic. But what i will say similar to this is i have been in a few situations where motorbike driver being a few cars behind me and on the same lane has decided to speed through cars and then merge onto a lane i had already changed onto(because my left hand turn was coming up) except he was going quite a bit faster so almost hit me from behind. Luckily last minute i veered back to the lane i came from (no traffic ahead on both lanes and the traffic behind me was by this stage quite a bit further back so it was safe for me to go back to that lane. I know where he was when i started to merge as i saw him in my rear view mirror a few cars behind me. But because a bike can accelerate so fast, he ended up almost hitting me after we had both merged onto the other lane. He was clearly going way faster than the speed limit but i wouldnt have had any proof. He thought he was in the right of way probably because he was going so fast he caught up to my car and decided to start to abuse me by coming up along side me till he saw what i looked like and decided to just speed off.

    My point is motorbikes are so fast that sometimes the riders dont realise they are going so fast especially from 0-100 that they can jump past cars and merge and be a few cars ahead much faster than an average car could. Its hard for a car driver to preempt that even with all the blind spot checks and rear view mirror checks etc.

    • +4 votes

      Regardless of what actually happened, i too agree with another possible version, i have seen a car pull into a clear lane and a bike do the same thing at the same time as the car, and as bikes can accelerate at a very fast pace, he nearly went up the ass of the car that had changed lanes. So, in that sense, i would place the blame on the bike.

      But if the bike was already coming along riding appropriately, then it would be the car's fault

    •  

      I agree, driving home in peak hour in surprised I don't see more accidents involving motorbikes, the weaving in and out of traffic, often straddling the line, lane filtering at high speeds.

      Recently I had just gone past a car in the middle lane and went to merge back to the middle from the right, indicated, head check, just about start moving and wooooosh, a motorbike whizzes up between cars and goes past me, almost in the same lane.

      The lane filtering laws are like max 30km/h? Yet I see people doing it at 60+, sometimes even 100.

  •  

    based on the damage alone insurance will call it as your fault.

  •  

    Hope all this was worth it taking that manoeuvre to save time!
    Did you reach there in time?

  •  

    I hope the motorcyclist had a GoPro on so we can see his perspective in the next Dash Cams Australia compilation.

  • +1 vote

    You were changing lanes and got hit.. it would seem to be pretty obvious that you were at fault.. It didn't really matter if it was a car or a motorbike.. I think it will always be your fault.

    In saying that I am also a motorbike rider and I hope you do learn your lesson.. wouldn't want that to happen to me.

  • +1 vote

    I don't think you have much of an argument in this situation sadly. Even if he was in the middle lane and merged left you'll still have to give way, I have been countless situations where the lane I'm in has stopped and I want to exit it, only for the impatient prick behind me to merge out first and speed up even though I'm the one in front.

    It seems like people on OzBargain can't give advice without ripping someone a new arsehole, sheesh.

  • -3 votes

    Lol another muppet with no insurance

  • OP has found answer, comments closed.

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