Merging Accident, who is at fault?

Onetwotree

Hey Everyone,

Please forgive me in advance if this topic should not be posted here. I was involved in a traffic accident yesterday concerning merging lanes on a normal road and I would really appreciate to understand who would be at fault of this accident.

So theres three lanes on the normal high road. On my left there is a Bus lane and to my right there is a normal driving lane, which indicates I'm in the middle lane. I'm car A travelling at continuous speed of 25-30 mph on my lane. Then from lane on my right car B tries to merge onto my line without indication and my car is already ahead of theirs. They pull out and scraped there left-side of the bumper also scraping the whole of my doors from driver to the back passengers. I would assume I'm clearly not at fault, but the third party has accused me of speeding up preventing them from merging? Which to me is ridiculous because I am travelling at the normal speed limit and if I'm correct, you should only merge lanes when it is safe to do so and not whilst an oncoming is still maintaining speed?

Eitherway, I would like to know which party is at fault?. I am going to inform my insurers about the accident without making a claim because I'd rather not go through the hassle of having to go to court to fight against there appeal if they deny liability and the repair job would be cheaper to fix at my local garage.

So I'd like to know your take on the accident?

Thank you in advance.

rickypatel89

I would probably blame you since, you should have slowed down to let him merge.

vax2002

Both angry drivers will get a bill each.
They can both be right and both be wrong.
The insurance companies get two increased premiums.
They never loose out.
Give way to idiots and wave them on their way. Rule 1 of the save yourself lots of hassle and money driving code.

Onetwotree

Thank you both for your replies. As common courtesy I would have usually let the driver merge onto the lanes, however, The driver did not indicated and the nose of my car had already surpassed hers hence the reason she scraped m car from my drivers door to the back passeger door and not my front wheel arch. At the time the third party was very opportunistic and taken the risk of merging whilst I was still at 30 mph. They may not have known I was doing 30mph however, they could have clearly seen that I was already coming up and my car had already been ahead of theirs.

Thank you.

System

Without an independant witness it will be difficult to decide fault, hence it will most likely end up as 50/50

Although if both vehicles were doing a similar speed and the damage on your car only starts from the driver's door going backwards, then obviously the other car was further back than you and may have been in your blind spot, and being further back than you, I fail to see how the other driver failed to see your car and hence should not have driven into the side of your car.

If this was a case of road rage, both drivers wanting the same piece of road, then a witness would be required to say what occured.

As you have already mentioned... you do need to report the incident to your insurance company - but make it clear that this is for information only and you are not claiming.
I assume you have exchanged details with the other driver, if not then it may be in your interest to report it to the police since if the other driver does report it to the police, you could be in trouble for not exchanging details especially if the other driver claims an injury (possibly spuriously).

EDIT:
From your latest post it is now clear that you were undertaking the car on your right hand side - this is against the highway code and hence it seems the cause could be your fault

Onetwotree

@BAA1, thank you for your reply. Doesn't undertaking mean overtaking a car on your left?, if that is so, I was not the car overtaking or merging. I was in my own lane (left lane) doing normal speed whilst the third party are still on their lane (right line) waiting to merge and pulled out onto my lane without indication whilst I was still driving.

Sorry If I am causing a nuisance I just would like to know why I would be considered at fault and why?

Thank you

System

Onetwotree wrote: »

@BAA1, thank you for your reply. Doesn't undertaking mean overtaking a car on your left?, if that is so, I was not the car overtaking or merging. I was in my own lane (left lane) doing normal speed whilst the third party are still on their lane (right line) waiting to merge and pulled out onto my lane without indication whilst I was still driving.

Sorry If I am causing a nuisance I just would like to know why I would be considered at fault and why?

Thank you

If traffic in the right hand lane was queuing or stationary because of a queue, then it is okay to undertake (that is overtake on the left) but with care, if the other car that was in the right hand lane was travelling at a normal speed for the road then you should not undertake on the left, the highway code is clear about lane discipline on multi lane carriageways.

Parking_Trouble

I don't think it is clear cut.
Highway code lane discipline is pretty vague http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070308
Why should the OP have reason to change course or speed if in the left hand lane and traffic merges from the right?
Doesn't the other driver has to find the appropriate opportunity to merge and possibly stop at the end of the right hand lane? There will be undertaking going on when two lanes merge into one, otherwise the inside lane will have to give way to traffic merging from the outside.
The accident has mostly likely occurred because the other driver was negligent - going too fast and misjudging the gap and distance to end of lane, or the OP did speed up, preventing the other driver from merging.

noh

BAA1 wrote: »

If traffic in the right hand lane was queuing or stationary because of a queue, then it is okay to undertake (that is overtake on the left) but with care, if the other car that was in the right hand lane was travelling at a normal speed for the road then you should not undertake on the left, the highway code is clear about lane discipline on multi lane carriageways.

Indeed it is clear and what it actualy says that has relevance to this situation is
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070314
"stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left"

It also says with regard to changing lanes
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070308
"Lane discipline

133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over."


If the facts are as explained by the OP then the driver of the car changing lanes was at fault

Onetwotree

To make this clearer, there are two lanes that will form into one at the end of the road. I, am on the left lane, the left lane to me will be a bus lane. The lane to my right, is where the third party is. I am driving at normal speed and the driver on the right wants to merge onto my lane before the lane becomes just one lane. However, whilst I am maintaining my current speed, they are waiting to merge but my car is already ahead of theirs. They either mistimed their merge or misjudged the speed I was driving at for them to merge.

Eitherway, If I am not at fault, and I inform my insurance I don't want to make a claim, but it is just for information purposes, and the other party claims, will that make me seem more liable as I have not wanted to pursue the other party for the damages.

The reason why I am not claiming is because the cost of repair is not worth having to go through insurance.

dunstonh

The bottom line, in this case, is that without witnesses, the insurers are not going to appoint blame to one or the other but both will accept responsibility.

The OP is inconsistent with the information (that could be just due to the way forum posting works when information tends to be drip fed or it could be changing story). The other party will have their story as well and it will be impossible to make a judgement call to blame one or the other.