Who is at fault in this accident. 2 cars turning right from a multi-lane right turn Rd into a multi-lane St?

Question

I was turning right from the middle lane of a duel right lane turn, multi-lane road into a multi-lane street.

The road has 3 lanes, 2 turn right, of which the middle lane can also proceed straight and the 3rd lane (far left) can only continue straight.

The guy to my right was also turning right into the same street.

I left the lights just before the guy on my right. Just after turning right into the street and straightening my steering wheel I felt a bump in my rear quarter panel on the drivers side. I looked in my side mirror to see that the guy that had been on my right side, turning right, had drifted into my lane and had hit me.

I was clearly inside my lane.

I believed that he was at fault, but his insurance company have sent me a letter stating that I am at fault!

Can anyone tell me who legally is at fault as I believe that his insurance company are just trying to get me to accept responsibility?

Answer 1

This would be his fault 100 percent....

Answer 2

I can't really tell without a diagram of the street, but if you stayed in your lane at all times, and he was changing lanes, then you have the right of way and he is at fault for an unsafe lane change.  In addition, since he hit you in the rear, he is also at fault for  following too closely.

However, do not respond to his insurance company other than to tell them to contact your insurance company, and make sure your insurance company knows about everything.  If you haven't filed a police report, consider doing so to protect your rights, and to keep your license from suspension.  If the damage is over a certain expense, the law usually requires a police report.

Anything you respond to the insurance investigator can be used against you in a lawsuit, so make sure all contact is with the advice of your own insurance company.

Answer 3

I can't speak for Australia but in the USA you would not be at fault.

Most states here have rules that say you must turn into your own lane and when it is safe to do so you may change to another lane.

In your case the other driver entered your lane. Whether it was done carelessly (he wasn't paying attention) or intentionally (he wanted to change lanes) doesn't matter. It wasn't safe to do so he is in violation.

However, if you failed to signal your turn and he thought that you were going to go straight then you would have some fault but the majority of fault would still be his.

Answer 4

the way i understand this you were in your lane and he came over to your lane.  i'm in the usa and i would say he's at fault.  but in the future always call the police to write up.

Answer 5

I don't know what NSW is, but I know if you have multiple witnesses and you dispute it or threaten to take it to court, MOST insurance companies will either let it go or they will retract their earlier statements. Most insurance companies do not want to be wasting more money on court fees and such and ALL of them want to have someone else to blame, you were there, it happened to YOUR car, so you are a likely scape goat. BTW, you are not at fault if you were in your lane.  

Answer 6

In most cases if the rear portion of your vehicle is hit the other person is af fault. They must be in control of their vehicle at all times to yield and avoid the accident.

If the insurance company will not let it go the file for damages to your vehicle against his insurance, even if it is just for a paint scratch.

Answer 7

No way! you're not at fault!