QUOTE(bryant601 @ Apr 24 2025, 12:36 AM)
Hi I just met an accident during merging of lanes
So here's the story
I just came out of toll, turned left, then I had to merge to the lane on my right, so I've given signal, saw gap between car which is more than enough for me to fit in, then I merged into the lane, almost completely and then 'pomp' the car behind hit me at the right corner of the back of my car.
We both came down and exchanged contact, took some photos and left.
So I continued my journey then made police report, and which I heard the result was both of drivers at fault so each will claim own insurance.
Someone if could enlighten me.
Will add additional points on this post when I feel that's necessary.
My intention to appeal as I don't feel that is on my fault as I've merged to the lane and got hit at the right corner of back of my car
I was just talking to a traffic department sergeant of an IDP regarding this kind of accident last week and this was what he told me:
(assuming your car, ie the car in front that switches lane, is car 1; while the other car, the car that hit you from behind when you switched to its lane, is car 2) For the accident investigation report, usually the car 1 will be the faulty party as car 1 is the car that goes into another lane, even if car 1 has indicated and / or is the front car in an accident. It is the responsible of car 1 to ensure the other lane is not occupied before switching lane.
However, if the case is brought to a court, a judge may check the responsible of the car 2 and may deem car 2 is also in the wrong due to the last clear chance doctrine. Even so, car 1 is still at fault due to illegally change lane. Hence, you may end up with both parties at fault and a judge may rule that each car is responsible for 50% of the total damage or any value as determined by the judge.
Edit: at this moment there is not much else you can do and I suppose you are not going to bring this case to trial. So just tell your side of the story to the sergeant and wait for the report. Worse case scenario you just lose your NCD but you are safe.
This post has been edited by ru40342: Apr 24 2025, 07:44 PM