Changing lane and got hit. Need help!

Ldinhdz91 on 21/02/2020 - 20:48
Last edited 22/02/2020 - 18:19 by 2 other users

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.

Automotive

closed Comments

  • spackbace on 21/02/2020 - 20:50
    +33

    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.

    • dinhdz91 on 21/02/2020 - 22:11
      -2

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

      • thetrain on 21/02/2020 - 22:31
        +10

        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

        • dinhdz91 on 21/02/2020 - 22:34

          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

          • thetrain on 21/02/2020 - 22:40
            +6

            @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

            • dinhdz91 on 21/02/2020 - 22:44
              +3

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

              • thetrain on 21/02/2020 - 22:46
                +2

                @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

      • OzHunterNSW on 22/02/2020 - 11:15
        -1

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

      • ankor on 22/02/2020 - 13:17
        -1

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

    • nandxor on 22/02/2020 - 01:24
      +6

      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.

    • Chris Topher on 22/02/2020 - 17:25
      +1

      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.

  • Hybroid on 21/02/2020 - 20:52

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

    • Hybroid on 21/02/2020 - 22:32
      +6

      OP was essentially this: https://www.reddit.com/r/IdiotsInCars/comments/f73wug/how_no…

      • dinhdz91 on 21/02/2020 - 22:37
        -3

        haha no man, that vehicle did not give enough time for the signal tho

        • thetrain on 21/02/2020 - 22:43
          +2

          signal has nothing to do with right of way/cutting someone off

          don't merge when someone else is there, simples

          • dinhdz91 on 21/02/2020 - 22:46
            -2

            @thetrain: Yes boss!! or turn signal on and wait until somebody is willing to give way haha

      • Chris Topher on 22/02/2020 - 17:17

        This is clearly why lane-changing should be illegal in tunnels and on bridges.

  • Almost Banned on 21/02/2020 - 20:52
    +3

    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.

  • Godric on 21/02/2020 - 20:58
    +2

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

  • jjjaar on 21/02/2020 - 21:06
    +3

    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.

    • Nebargains on 22/02/2020 - 17:23

      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.

  • PissLUR on 21/02/2020 - 21:53

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

    • dinhdz91 on 21/02/2020 - 22:05

      I did perform shoulder check and he was not there.

      • SydStrand on 21/02/2020 - 22:07
        +10

        If he 'was not there,' he wouldn't have collided with you literally 1 second after you changed lane.

        • dinhdz91 on 21/02/2020 - 22:09

          man, my car was fully stopped. If he was in my blind spot I would hit him at his rear

          • SydStrand on 21/02/2020 - 22:17
            +1

            @dinhdz91: 08:34:36 - you merge
            08:34:37 - collision

            At low speed. He would have been maybe 10-20m behind you when you started merging.

            I don't care how wide your C pillar is. With that time frame, he would have been visible if you bothered to check your rear view and/or blind spot.

            • dinhdz91 on 21/02/2020 - 22:22

              @SydStrand: ok, so what if he in the middle lane as I was then he switched to the left and sped up?

          • Ughhh on 21/02/2020 - 22:19
            +1

            @dinhdz91:

            If he was in my blind spot I would hit him at his rear

            Huh, you sure you know what and where blind spot it?

            • dinhdz91 on 21/02/2020 - 22:21

              @Ughhh: yes I did perform shoulder check

              • pegaxs on 21/02/2020 - 22:40

                @dinhdz91:

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

                Nek Minnit…

                yes I did perform shoulder check

                Yeah, I beg to differ…

              • Ughhh on 21/02/2020 - 22:40
                -1

                @dinhdz91: How do you hit their rear if they were at your blind spot…

            • nandxor on 22/02/2020 - 01:32

              @Ughhh: Haha, apparently not.

  • outlander on 21/02/2020 - 21:57
    +4

    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

  • Jules85 on 21/02/2020 - 22:05

    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.

  • SydStrand on 21/02/2020 - 22:06

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

    • pegaxs on 21/02/2020 - 22:52
      +7

      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".

  • valleyrain on 21/02/2020 - 22:14

    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.

    • dinhdz91 on 21/02/2020 - 22:19

      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)

      • SydStrand on 21/02/2020 - 22:22
        -1

        The left lane is a bus lane and it just ends (you can see the continuous lane ends at the beginning of the video)

        Are you aware that motorcycles can use in the bus lane?

        • dinhdz91 on 21/02/2020 - 22:24
          +2

          In QLD, bus lanes are for the use of buses, bicycles, taxis, limousines and emergency vehicles.

          • SydStrand on 21/02/2020 - 22:37
            +1

            @dinhdz91: I don't know QLD law. You might be right, but I can't see how it helps your case.

            • pegaxs on 21/02/2020 - 23:21

              @SydStrand: Qld Road Rule 154 is the one you will want to be looking at…

              And it doesn't help, because the bus lane ended some 140m before the impact.

    • SydStrand on 21/02/2020 - 22:19
      +1

      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.

      • [Deactivated] on 21/02/2020 - 22:37

        Pff. Physics much?

        Figure out the sound frequency at a fix distance.

        Measure the change in frequency as per Doppler Effect.

        Speed is now known.

        So easy.

        • pegaxs on 21/02/2020 - 23:16

          Physics fail… video has no sound either… :(

          • [Deactivated] on 22/02/2020 - 16:37

            @pegaxs: Then what did I hear?

  • [Deactivated] on 21/02/2020 - 22:27
    +10

    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.

  • qwerty on 21/02/2020 - 22:35
    -1

    Bike going 50+

    You merged from stopped

    Bike hit you while you were still merging

    = mostly your fault

    • JimmyF on 21/02/2020 - 23:19
      +6

      Bike hit you while you were still merging

      = mostly your fault

      Fixed that for you

      • qwerty on 22/02/2020 - 08:46

        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

        • JimmyF on 22/02/2020 - 11:01

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

  • pegaxs on 21/02/2020 - 22:38
    +6

    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.

    • John Kimble on 21/02/2020 - 22:55
      +1

      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

      • pegaxs on 21/02/2020 - 22:59

        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…

        • John Kimble on 21/02/2020 - 23:05
          +1

          I reckon it would be similar to this as posted earlier
          https://www.ozbargain.com.au/comment/8370378/redir

          Except as you say, the bike braked hard and managed to just glance off/clip the back left.

          Lucky he didn't hit the guard rail or go over it!

          • pegaxs on 21/02/2020 - 23:14
            +1

            @John Kimble: That is exactly how I picture it in my mind when I see the footage and couple that up to the damage…

  • Bignudge on 21/02/2020 - 23:14
    +7

    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.

    • nandxor on 22/02/2020 - 01:34
      +2

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

  • JimmyF on 21/02/2020 - 23:16
    +4

    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.

    • dinhdz91 on 22/02/2020 - 00:38

      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

      • CMH on 22/02/2020 - 01:07

        How much is your excess?

        • dinhdz91 on 22/02/2020 - 01:08

          $600 I think

          • CMH on 22/02/2020 - 01:10
            +2

            @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.

            • dinhdz91 on 22/02/2020 - 01:11

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

              • CMH on 22/02/2020 - 01:16
                +1

                @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.

                • dinhdz91 on 22/02/2020 - 01:20

                  @CMH: Great advice! I’ll keep that in mind. Thanks

            • [Deactivated] on 22/02/2020 - 09:54
              +1

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

              Naked bike.

              • pegaxs on 22/02/2020 - 10:04
                +1

                @[Deactivated]: 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.

                • [Deactivated] on 22/02/2020 - 10:08

                  @pegaxs: Sounds about right.

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

      • Big Dog on 22/02/2020 - 09:06
        +3

        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.

  • CMH on 21/02/2020 - 23:26

    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.

  • Melb69 on 22/02/2020 - 08:39
    -3

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

    • HeWhoKnows on 22/02/2020 - 08:56
      -1

      Who are you? the judge and jury?
      How is that going to change anything?
      Clearly you have no idea or too much time to waste.

  • HeWhoKnows on 22/02/2020 - 08:54
    -3

    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

  • Meho2026 on 22/02/2020 - 09:28
    -1

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

    • pegaxs on 22/02/2020 - 09:42

      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…)

  • brendanm on 22/02/2020 - 11:13

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

  • OzHunterNSW on 22/02/2020 - 11:13
    -4

    I am a motorbike rider — shame on you.
    You should check all your mirrors and even TURN YOUR HEAD.
    You are at fault and you could have killed the bike rider.
    I hope you don't play games and pay this poor individual's damages and any medical expenses. PLUS give the rider a $1,000 ex gratia payment

  • Zeusy on 22/02/2020 - 12:27

    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.

  • OzzyOzbourne on 22/02/2020 - 12:55

    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

  • lonewolf on 22/02/2020 - 13:39
    +5

    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.

    • Austaurean on 22/02/2020 - 13:51
      +4

      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

    • Nebargains on 22/02/2020 - 17:29

      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.

  • Dubsys on 22/02/2020 - 14:14

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

  • Herbse on 22/02/2020 - 15:12

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

  • Lockieasy on 22/02/2020 - 15:23

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

  • oz-eh on 22/02/2020 - 16:36
    +1

    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.

  • CoreJava on 22/02/2020 - 16:45
    -4

    Simple, the one who make change is at fault! Don't post these stupid thing here.

  • Ghost47 on 22/02/2020 - 17:05
    +1

    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.

  • lltravel on 22/02/2020 - 17:21
    -3

    Lol another muppet with no insurance

    • Nebargains on 22/02/2020 - 17:30
      -1

      Except that they have insurance.

  • Moderatorneil on 22/02/2020 - 18:20

    OP has found answer, comments closed.

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