VIC Minor Car Accident - Am I at Fault?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

nathen brett

Member
18 January 2018
2
0
1
Hi people.

I was driving on the freeway home yesterday when a car beside me sped up to changed lanes and got in font of me. He changed lanes quite rapidly that I didn't have enough time to put my brakes on and he clipped the front end of my car and damaged the back side of his car.

I just would like to know, am I in the wrong because he is saying that I am due to me not allowing him to get in front. Also this is a straight lane that has no merging.
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
He has the responsibility to pass safely, you have a responsibility to not do anything that affects his safety (eg swerving at him, speeding up).

This is going to be a he said/she argument unless you have video evidence. Leave it to the insurance companies to sort out.
 

Clancy

Well-Known Member
6 April 2016
973
68
2,289
This is why you need a dash cam. There are just too many people on the roads who think they can instantly change lanes whenever they feel like it.... it is a serious problem, we all need to report their arses... it is why everyone tailgates - because tailgating means there is physically not enough space for these IDIOTS. .... I don't mind letting people cut in to my lane if they indicate sufficiently to let me know that is what they are doing, but these idiots who change lanes often immediately changing lanes at the same instant of indicating giving me heart attack and no time to react actually force me to tailgate which i hate doing, but i got no choice.
 

nathen brett

Member
18 January 2018
2
0
1
He has the responsibility to pass safely, you have a responsibility to not do anything that affects his safety (eg swerving at him, speeding up).

This is going to be a he said/she argument unless you have video evidence. Leave it to the insurance companies to sort out.
Would a witness help in clearing the he said /she said side of thibgs?
 

Rod

Lawyer
LawTap Verified
27 May 2014
6,640
919
2,894
Yes. Depends on how credible the witness is. The weight of the testimony is likely to be lower if they were in your car at the time of the accident.