Who is at fault in an overtaking collision?
A car overtook and hit you, or you were overtaking when it went wrong.
An overtaking collision usually places a heavier burden on the driver who chose to overtake, since moving into another lane is a deliberate decision. The overtaken vehicle is not automatically free of blame.
The court checks whether the overtaking driver had a clear, safe distance to finish the manoeuvre, and whether the other vehicle behaved predictably.
See who is at fault and making a road accident claim for the general picture.
Common overtaking crash patterns
- A driver overtakes without enough clear road ahead
- A motorcycle is overtaken too closely, leaving no room to react
- The vehicle being overtaken speeds up or drifts into the other lane
- An overtaking driver misjudges the speed of oncoming traffic
Sightline and timing at the moment the manoeuvre began usually explain what went wrong.
How is fault usually assessed?
An overtaking driver must judge the distance, speed and sightline needed before starting the manoeuvre. Causing a collision by failing to do so weighs heavily against them.
A vehicle being overtaken is still expected to hold a steady course, so speeding up, braking suddenly, or drifting can shift some responsibility back onto that driver.
What evidence decides an overtaking case?
- Dashcam footage from the overtaking or the overtaken vehicle
- The road markings at the exact point, including any solid no-overtaking line
- Witness accounts of each vehicle’s speed, see witnesses and CCTV evidence
- The police report and sketch plan
- Skid marks or the final rest position of both vehicles
Were you partly at fault?
If you sped up while being overtaken, or misjudged the gap while overtaking, a court can reduce your compensation for that share rather than end the claim.[1] There is no fixed percentage for this.
See how contributory negligence works for the general rule.
What to do at the scene and after
- Check for injuries and move to a safe position if you can.
- Lodge a police report within 24 hours.[2]
- Photograph the road markings and both vehicles’ final positions.
- Note the speed and lane position of each vehicle just before impact.
- Notify your insurer and avoid agreeing on fault at the scene.
If you were riding a motorcycle at the time, injured motorcyclist covers the wider claim path.
When each driver blames the other, an independent lawyer can take on your claim and deal with the insurer.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Is the overtaking driver always at fault in these crashes?
Usually the heavier burden falls on the driver who chose to overtake, since it is their decision to move into a riskier position. This is not automatic, since the vehicle being overtaken can also share the blame, for example by speeding up or drifting.
What if the vehicle being overtaken sped up?
This is a genuine factor the court will look at. A driver being overtaken is expected to hold a steady course and speed, and one who accelerates or drifts can share responsibility for the crash.
Does it matter whether there was a solid line on the road?
Road markings are relevant evidence of whether the overtaking manoeuvre should have been attempted at all, and can weigh against the overtaking driver if they crossed a clearly marked no-overtaking zone.
What if I was hit while being overtaken, not while overtaking?
You still need to check the full picture rather than assume you were blameless. If you held your lane and speed normally, that generally supports your position, and dashcam footage or witness accounts help confirm it.
Sources
- Low & Partners, on s.12 Civil Law Act 1956 (contributory negligence) (accessed 2026-09-22)
- AskLegal.my, on Road Transport Act 1987 s.52 (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.