Car accident who's at fault

[bt1_chaSa]

So here's the story... It was 4am on the way to work merging on the ring road this douche just wouldn't let me in sat beside me the entire 150m of the merging lane. I sped up to get in front of him so I could merge on the freeway he still didn't budge like any normal reason would move over to let you in and being 4am there were no other cars on the road. I was a car length in front of him and decided to move over, I'm towing a trailer and as I've merged he still didn't move, I've had my indicator on for at least 10 seconds. As I've merged he's clipped the rear end of my trailer. Got out accessed damage he was a miserable old man who had nothing better to do. Now the damage is apparently $2500 must be an expensive bumper bar for $2500 and he's trying to sue me. Yes I was at fault because I was merging into his lane but if taking this to court surely morally I am right as I was over a car length in front of him?!

[Miz_VL_Turbo]

Who has to give way depends on whether the number of lanes is reduced, or if a marked lane ends.

If the number of lanes reduces, the car that is in front gets right of way. If a marked lane ends (such as merging onto a freeway), the person that needs to enter the other lane needs to give way, regardless of whether they are in front or not. So basically if someone wants to be a dickhead and not let you merge, even though it's ethically wrong you're still at fault in the eyes of the law.

[ss nut]

Sorry mate you should have just let him go,He is the **** head, But it is you that will suffer.

Marty

[Psi_Wagon]

yeah sorry to say but in VIC if your lane is ending, its your problem. he wont be at fault at all in the eyes of vicroads

[FATPSI]

If he's chasing you for that much ask for an itemised receipt and all parts invoices then ask to inspect the car to check all those parts were used. Ie if charged for all new they should be new. Insurance companies will only generally allow new on a car under 3 year old (under warranty)or if parts are unavailable second hand or in bumper cases change over. What sort of car was it and what was damaged exactly?post up any photos you have.

[VL Don]

Here in nsw if your lane ends you have to merge and any traffic must give away to keep the traffic flowing..
Id be calling the local police and asking them.. thats the best way.. if you in the right tell the old prick to f#@k off and give him nothing

[SIroller]

in vic I thought the person in front had right of way regardless whereas i know in S.A. the person on the road has right of way regardless.

I'd say you are at right. notify your insurance company and then let him go through them.

[Psi_Wagon]

^ what i said above is the law in vic. yes its common courtesy to give way not law ....

[SIroller]

i thought it was always the person in front there ya go.

but i do know its illegal to deliberately not avoid an accident like old mate did.

[cava454]

Why you didn't just slow down, considering your towing a trailer is beyond me?

[SilverCal]

Originally Posted by VL Don

Here in nsw if your lane ends you have to merge and any traffic must give away to keep the traffic flowing..
Id be calling the local police and asking them.. thats the best way.. if you in the right tell the old prick to f#@k off and give him nothing

Thats not how i understand it and how ive been told..could be wrong but. it's a **** thing though should of pumped the old man there and then lol old c*nt

Just realised this is a old thread btw...