Hey guys,
I know, sorry, no accident here, just a hypothetical
So yesterday was heading towards the city via Anzac Bridge and some doofus decided to merge and fully cut me off, I had to brake quite hard and luckily the ute behind me kept a safe distance.
But if I didn't have a dash cam, and I did get into an accident….. would I still be at fault? Since the general rule is the person "behind" is usually at fault.
P.S I highly suggest people to get a dash cam.
How do we get witness in this situation? Most witnesses present at that time would just drive along.
pray
If the ute hit you and shunted you into the truck - now that would be more interesting.
Also, good defensive driving OP. P platers in Hondas are the worst.
vtec just kicked in
I honestly didn't see him merging cause he was in my blind spot and all of a sudden, boom, I see a hood trying to merge in my lane. :S
The person merging is always at fault, even if they are ahead of you.
Not the case at a zipper merge where the car behind must give way.
Agree, in many situations it's better to crash just to teach the other driver a lesson. It's a win win situation.
Its not a win where we need to do additional work of doing insurance claim, potential "shadow increase" in our premium even though we are not at fault, organising pick up and drop off to mechanic/replacement car.
If we are willing to do all that just to teach someone a practical lesson than what they have learned in theory, then we are a good teacher.
This is not a zipper merge, this is a lane change - and the lane changer will always be at fault if they cause an accident.
That was a lane change, his road didn't end, you had no obligation to make room for him even if he was slightly ahead of you.
I'd call it being cut off.
Thanks for sharing, I understand :)
without dashcam footage or a witness wouldn't insurance side with that reckless driver?
Why would they?
No, the point of impact and resulting damage would make it pretty clear what happened.
This is what I would assumed/thought as well, depending on the damage, it would be clear that my front right hood/fender would be damaged and his front left side fender and door would be damaged, so it would be a good indicator of what happened that I am not at fault.
Hypothetically speaking, if you were the one merging into their lane and hit their side door then the damage would be the same. Fortunately, you have dashcam footage to prove that this wouldn't have been the case if there was a collision
@huyfken: In civil cases like this, the judge makes a decision based on the balance of probabilities - meaning which version of events is more likely to have happened.
It’s far more likely that a driver would change lanes and collide with a car in their blind spot than intentionally or negligently change lanes into a car that’s clearly visible alongside and ahead of them.
Stupid driver is different from reckless driver
An Ozbargainer with dashcam footage showing they’re in the right. Are you on the right forum? Next you’ll be saying you have comprehensive insurance too
Sorry… I do have comprehensive insurance as well…. with $0 excess windscreen cover and hire car options. :(
Oh man. What are you doing on Ozbargain? You’ve basically violated every bylaw of this place!
Yeah, but is it registered?
I'm sure he's set a reminder…
The idiot in the black car… I mean, come on, this isnt even a vague "who is at fault" post.
I really do want to hear from the pillock that said you were at fault in the poll. That would be an interesting justification. My bet is they are a Ranger driver.
I really do want to hear from the pillock that said you were at fault in the poll
…and now there's two of them.
Really would like to see negs require a reason to be shown (the name would be even better)
If the merging car didn’t hit you, I would think that the car behind would be at fault
Also, people need to freaking learn that just because you have your indicator on, it doesn’t mean “yep, I’m moving across”
This is not a merge. A merge occurs where two lanes become one. In that case if there isn't any broken lane line that one or the other crossed, the car ahead wins.
In this case there is a lane line being crossed, so it is a lane change by the car on the right. An unsafe lane change. The driver doing it is in the wrong.
I wouldn't call it a win more like right of way
He didn't even have his indicators on, just merged.
I TURN NOW……GOOD LUCK EVERYBODEE ELSE!
Clearly an unsafe lane change by the Honda.
(Puzzled at why so many people had trouble seeing that was also just as obviously the case for the previous roundabout incident.)
Great song
Yeah nah
.
Dashcam footage is all good but without a ms paint diagram this post is incomplete.
MS paint diagram please
Needs a fence and a letterbox.
And maybe a basement.
How did the Honda not see you when he was merging left?.?
Didn't check mirrors or perform head check. Basic car driving 101 but most drivers are shit these days.
Most likely in his blind spot or he assumed I was following the truck to the left lane and didn't even bother to check?
Why do assume they didn't seem them? People keep doing this shit because they keep getting away with it
I think the answer is Red P may not used to this situation?
Sydney drivers… typical.
Black hatchback, with P plates (student)…..can't drive……more than typical
Odometer readings*
35,081 km 7 March 2025
34,772 km 6 November 2024
Service NSW rego check shows they did 300km in 4 months - if those dates are accurate then they're obviously not on the road often enough to be gaining any experience (and it shows).
Been sitting in the panel beater on 3 occasions, for weeks each time.
No indicator - no idea
If theres no damage between you and the black car, and the only damage was being you being rear ended, then the car behind you would be at fault in the eyes of the insurer.
These days, keeping a safe distance translates to staying off the road completely.
Certainly not your fault. That was horrendous.
I could maybe make out a single flash of their indicator.
I've noticed a behaviour here on the roads in NSW with drivers using their indicators as they are already in the motion of performing the manoeuvre. What's the point of indicating when I can already see you're now half way in the lane!?
Strayan traffic has adopted the collective driving ethos of our multicultural society. Zero rules,zero respect.
Every (insert gender or species) for themselves.
And the problem is dumbfk state govts that try to reel back disaster after the event. They will allow every e-rideable on earth to share roads and paths, (not paying their way) and then, (post inevitable tragedies) try to legislate common sense with an additional 500 heavy-handed police to enforce,un-eforceable wet lettuce laws. Or know-all state govt roads depts modifying roads and road rules , and delivering merge systems, or complex freeways full of bottlenecks.Half car park, have Colosseum.
A road rage punch up every 2kms.Love it.
OP what is your dashcam? Its pretty cool that they detect emergency warning. Was it based on the sudden decrease in speed?
Let me know if you have any recommendation on who can install them properly for us and how much does the install cost?
Also interested
at the bottom of the video, it says uniden, may be it is a uniden brand.
comment below
It's the Uniden iGO 445 Dashcam for $99.99, got it at Aldi special buys but it wasn't a big hit, saw a few in some Aldi's in the electronics display case a few months later. I don't think you can find it outside Aldi, unless someone is reselling it.
I can't find what exactly the emergency feature is called but it has a sensor in it when the car has a jolt or whatever not by speed, it records into a separate folder that cannot be deleted by accident in the main video folder.
Sometimes it goes off when I am aggressively turning.
Thank you and do you install them yourselves or have someone installed them for you? How much for the installation?
When you go to buy just make sure it lists G-sensor (or similar wording).
It just means that it will activate emergency recording when it detects a sudden change in speed/force as happens with sudden braking or impact.
Pretty sure most current dashcams have it (my >5 year old old Viofo 119 has it).
By the way, I would recommend one of the new Viofo models as the ones in both my cars have lasted well over 5 years, show number plates quite clearly, work well at night and bright sunlight whilst being reasonably priced.
Without video, I'd say it would depend on where the damage was and what stories were presented by the driver. They could lie and say you were moving into their lane, for example, if damage was on their side. Of course if they were then caught out they could be in serious trouble.
The insurer will assess damage, drivers and witness accounts and make a determination on balance of probability. If they cant use video evidence, theyll look at what they do have.
For the insurer its a probability game, what is most likely to have happened. They have lots of experience playing the game.
The person crossed into your lane when it was clearly not safe to do so. You might benefit from a witness, if no video, but that wouldn't be your fault.