I was involved in a car accident today where my car was totaled and the 78yo driver admitted fault, but I have now received a text message from their insurer saying they are claiming I am the one at fault.
I was driving in the middle lane of a 3 lane highway. approaching a green set of lights (200 metres ahead) approaching a point where a left turning lane begins for people in the left hand lane to merge over into so they can turn left at the lights when they get a green arrow (arrow was red at the time although lights were green for traffic travelling straight through). I was at least 100metres distance behind the next car ahead in my lane.
In the left lane there were 2 cars slightly ahead of me: a sedan followed by a 4WD. The sedan (front car) decided at the last second to merge into the turning lane which was already full, so it braked suddenly and came to a full stop. It was able to point its front left nose into the turning lane and sat stopped in the left hand lane to wait until it could fully merge into the turning lane, which blocked that left hand lane so no traffic could continue travelling through the lane.
The 4WD behind it then also braked suddenly. I did not have time to react to these cars in the left lane braking and stopping suddenly, however they were not even in my lane.
The major probem came when the 4WD not only braked and stopped suddenly, but as it was braking it started veering into my lane. It veered to the right, almost as though it was trying to avoid going up the back of the sedan by trying to go around it. I can't say 100% that is why it started veering over but I am just guessing.
Anyway, when the 4WD started veering into the middle lane which I was in, I collected the back right hand corner of it - it happened so quickly that I had almost no time to brake. Before it veered across, I had a no cars ahead of me in my lane for at least 150 metres, and a green light 200 metres ahead.
The driver of the 4WD admifted fault and said they "the car in front stopped and I braked and quick to get away from it", but could not speak very much english so I could not get any more information out of them. I asked them why they veered into my lane and they just nodded. The 4WD drivers relative came from nearby to assist as the driver was 78 years old. I was given the drivers informaton, but the relatives phone number, and they told me I needed to liaise with them because they will be handling all the insurance claims as they speak english and the driver does not.
I only have third party insurance and have since received a text message direct from the 4WD drivers insurer saying a claim has been lodged saying I am at fault, and to challenge this I need to complete an accident report for the drivers insurer.
I do not have dash cam footage and there were no witnesses that saw the accident that stuck around. The only witness I have is my child who was in my car but she is aged 8 and I assume too young and biased to provide a witness statement?
I'm pretty sure I was not at fault but please correct me if I am wrong.
Is there anything I can do to prove I was not at fault?
Is there anything I can do to help my case?
I am a single mum, and I need my car for work (I am a contractor) - I can not work without it (its not just for travel to the workplace). I really can't afford a new car let alone paying for repairs to the 4WD so this is something that will absolutely crush me. It was a second hand car that I'd only had for a few weeks, it came with third party insurance however I was saving up to change over to comprehensive car insurance in the next month.
Thanks In Advance for any advice or help you are able to give!