Someone hit my car when two lanes merged to one - who is in the wrong?

I was driving along a dual carriageway that was merging from the outside (right) lane into one (left) lane. I was in the left hand lane in a line of traffic, when a car on the outside of me trying to merge hit me on my driver side rear passenger door and my rear wing. I put a claim in to my insurance company but they are now saying it was 50-50. I explained that the other vehicle had driven into my car as evidence of the damage sustained shows that my rear had been damaged, whereas if I had driven into their car my front would have sustained damage not the rear. Is it incumbent on the driver who is intent on performing a change of lane, to ensure there is sufficient room for their manoeuvre? The Highway Code does not mention anything with regard to this.

Asked on 22 December 2018 by jeff Richards

Answered by Honest John
It is incumbent on all drivers to drive considerately and the problem here is proving who was the aggressor. If the other driver was stuck in the outside lane and you could reasonably have let him in, then you are to blame. If he barged and bullied his way into your lane, then he would be to blame. But proving it either way is why the claim was treated 50/50.
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