Incident

  • Hoxy6290's Avatar
    Hello

    Can I get some advise on a recent incident that happened today.

    I was driving at around 70 mph in the middle lane. With a car ahead of me.

    A car from the left lane, decided to come into the middle lane and sandwich himself between myself and the car ahead. I thought to myself, there isn't enough space to break and I may go into the back of this car....

    So, I looked in my right hand blind spot and immediately indicated to go into the fast lane. As I looked, there was nothing to my right so I made the move into the fast lane. I may have crossed the line on the right of me by a fraction and by which time there was a car now towards my backend and beside me, and that is when I where I collided with another car. I then jerked back into the middle and went across to the hard shoulder.

    We move onto the hard shoulder and took details and evidence etc, which I have shared.

    I have informed insurance.

    I am not looking to blame anyone. I just want a clearer understanding of where I could have done something differently to have avoided this.

    I have spoken to the other person involved via WhatsApp, and he said he was on the way to the Mercedes garage to get a USB replaced for his console and will also get quotes on the repair and be in touch.

    I drive a toyota aygo, 2011 for anyone wondering.

    I hope I have given enough information here. But please ask me any questions or suggest any solution.

    No claim has been made so far!
  • 3 Replies

  • Best Answer

    Beelzebub's Avatar
    Best Answer
    Hello

    I hope I have given enough information here. But please ask me any questions or suggest any solution.

    No claim has been made so far!

    The only solution I can suggest is to let your insurer sort it out: that's what you pay them for.

    On the face of it, you will be held at fault - changing lanes when it wasn't safe to do so.
  • Hoxy6290's Avatar
    Thanks for the response. Claim made. At fault. Going through insurance to repay and not affect NCD
  • TC1474's Avatar
    Firstly, please do not refer to the "Fast" lane unless you enjoy winding people up. There is no such thing 😉 Right, that's the first bit out of the way.

    In regards of liability, as mentioned all you can do is let your insurers sort it out.

    It can be argued that you have mitigation for changing lanes, but the harsh reality is that you changed lanes when it probably was not safe to do so, in the same way as if you had gone from lane 2 back into lane and hit someone undertaking you, you would be held liable simply because you have a statutory duty of care to ensure that it is safe before you change from one lane to another.

    Could you have done anything differently? Well in most cases probably come off the go pedal and maybe even braked to avoid the collision, but I was not there so it is impossible to give definitive advice as no two incidents are ever the same.

    You may be able to apportion a degree of contributory negligence on the other driver for failing to anticipate the situation given that it was happening ahead and therefore it would be reasonable to expect him to come off the gas a little, but, the reality is that you will have to bear the brunt of liability, but like has already been said, see what your insurers say. They may go 50/50 split liability.