Sorry but legally (and this is what the Police are bound to follow), the driver travelling in the right hand lane had right of way over the car that was changing lane. The other driver is clearly legally wrong. Changing lanes with insufficient space and thereby causing an accident is also negligent driving. There is no grey/gray (to be inclusive of all cultures) area. Our OP had the right of way and was NOT the 'at fault' driver. I would suggest that the damage to the car (as described) would support his/her claim.x9200 wrote:No, I did not say anything like this. You clearly saw what was going on and had possibility to avoid it yet you chose to enforce your right of way. This can be done only by the police and also not in just any situation. Your responsibility was to act the way to avoid accident. You may get away with this (I've heard at least one story where police acted strange) if you are lucky or sufficiently convincing but this is not a clear cut situation.Pointy71 wrote:That can't be right you know...x9200 wrote: Unfortunately (s)he is. They both are. If someone behave like a *beep* and violates traffic regulations it does not make another someone to enforce his or her right.
If that is true we can all stop following traffic rules. Because if I ignore the rules and cause an accident I can always say the other should have done his bit in avoiding the accident. It will always be 50-50 if your theory holds. You're basically saying if two have an incident, both are to blame.
Following your logic if you see somebody jaywalking this gives you the right to run over this person.
The only problem the OP could face was the penalty from his insurer for not reporting the accident within 24 hours. My Insurer took of $200 from my claim because I reported my accident 7 days later. At that time I did not know about the 24 hour timeframe - BUT I DO NOW!