Who Is at Fault with This Highway Incident?

Hi everyone,

Just wanted to collect some opinions with regards to this incident.

For context, had an eager SUV (passes in the right lane following crash) behind so decided to return to the left lane as per 'left unless overtaking' rule.

Blue vehicle pulled out pretty much after I had four tyres into the left lane going about 10kmh while I was travelling at 95. The combined effort of me slamming the brakes and my vehicle's presence feature managed to significantly decrease the amount of damage. Might only need a new bonnet and front grill.

From my perspective I believe my response time was not too bad given I had just completed a head check before moving into the lane. Perhaps I made a poor assumption that the car would stick to the emergency lane to speed up before merging behind me?

Just looking for some insight from others whether I am in the clear.

And yes both vehicles have insurance.

ETA: There is indeed a give way sign there

Update 9/01/2021:

Just wanted to send thanks to all who've posted their perspectives here. While there does seem to be a clear majority of opinion in terms of driver at fault, I find myself agreeing with some individuals who believe I could have been driving more defensively. There definitely is a delay in the time it took for me to brake.

To be clear, there definitely was no distraction involved. On reflection, my view is that in the moment one of two things (or a combination) crossed my mind leading to me not slamming the brakes immediately as I saw the car start to move. And yes these are both poor assumptions that should not be made while driving.

1. As this was an unfamiliar road, an assumption might have been made that there is a small on-ramp there for vehicles to get up to speed before merging and hence it would likely merge behind me.

2. The vehicle would get up to speed within the emergency lane before getting on the actual freeway and, as above, merge behind me. Happy to be corrected but I would have suspected this might have been standard procedure where an on-ramp is not provided. I certainly did this when merging back on the freeway following the incident to head home.

However, I personally would still maintain that the blue should be found at fault. Regardless, this is a definitely a lesson learned for a younger driver like myself and possibly others who have followed this thread.

In terms of insurance, they seem tentatively confident that we are in the clear and there is no word on whether the other party is looking to dispute anything. Following the crash itself they also seemed to be somewhat accepting that they had made a mistake. Also I am absolutely thankful I had a dashcam installed as otherwise there really wouldn't have been a way to prove anything but I hit a car from behind.

P.S Those looking for an update for my previous post with Adam's debacle, I've updated it in the comments.