Liability in Car Accidents - Legal Aid

Questioner

Day, I have a question about liability after a collision between two cars. I approach a traffic light with two pre-sorting lanes: right and left. Right is red, and there are a number of cars waiting in front. I want to turn left and it is green. I overtake the stationary cars on the left (30 zone, no overtaking ban). After I have passed a number of cars, a car comes from the left out of an exit with a speed bump construction and wants to merge into the line of stationary cars. He overlooks me and hits me in the left flank, where the pre-sorting lane for left begins. We filled out and signed a claim form. The other party acknowledges coming out of a driveway, but indicates that I changed lanes shortly before the collision (<25m), so also performed a special manoeuvre. Therefore he does not acknowledge full liability, but proposes a 50/50 division. Does it make sense to protest this or should I better accept it? Thanks for your advice!

Lawyer

In any case, you are wise not to accept anything and to describe the situation on the claim form as you experienced it. It is up to the insurers to acknowledge or deny liability based on the form and any witnesses. In principle, someone who makes a special manoeuvre is liable, but that depends entirely on the situation and circumstances.

Questioner

Day, Thank you for your quick response! The claim form has been filled out, but since I only have WA insurance, my insurer takes no initiative. Moreover, my insurer has rejected the claim for the damage of the other party because I am not liable in their eyes. It is up to me to make this happen when it comes to my damage. So both parties performed a special maneuver (exit and lane change). What about liability?

Lawyer

If both parties are equally at fault, then in principle there is shared liability. You will probably go back in your claim-free years after the insurers have settled the damage among themselves. You will have to prove yourself that you are not fully liable, otherwise you may be able to agree to shared liability.