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NSW Car Accident and Unusual Lane Merge Ruling

Discussion in 'Traffic Law Forum' started by ed. k., 20 February 2015.

  1. ed. k.

    ed. k. Member

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    Hi,
    I enclose a picture of a very unusual lane merge ruling. In this case it shows the middle lane having to merge into the left lane, while the right lane continues to follow it's path (also indicated by lights in the asphalt)

    I have had a car accident where the driver in the middle lane continued straight, instead of merging into the left lane and hit my car on the left side (I was travelling in the far right lane)
    My insurance claims the other party cannot be held liable.

    Now, I have been trying to get confirmation on this lane ruling from the RMS, which hasn't replied to my request. The NSW Police could only verbally confirm that I was in the right. What would be my next step?

    Regards

    [​IMG]
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Ed,

    This is quite unfortunate. And I agree, the sign merges are quite unusual/confusing.

    Do you have insurance? Would be good to have your insurers take a look at the situation and prepare a report (as they would do anyway if you were to claim under them). Alternatively, the other driver may have insurance, could you contact them and ask for a copy of their report?

    Has the police prepared a report of the accident? If so, you can request a copy of this.

    You can also contact LawAccess NSW (and see: "fault" information page).
     
  3. ed. k.

    ed. k. Member

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    Thanks for your reply. A claim was lodged with my insurance, so did the other party with theirs. No police report. My insurance company said the other party can not he held liable as they did not have to give way. I am not agreeing with this ruling, as the sign shows the other party had to merge, not me. Basically they drove into the lane I was travelling in and hit the side of my car.
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Ed,

    It seems like there is a difference of opinion as to traffic rules between your insurer and yourself. Have you contacted the NSW Roads and Maritime Services for a clarification on the road sign? You could also contact the NSW Police and have them write an opinion on what that road sign means.

    This NSW road users' handbook by the Roads and Maritime Services might also help.

    You need to figure out who was actually at fault here before allocating liability.
     

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