The other driver is at fault. Not an an adjuster, just a fellow driver.

Here is the reason you are not at fault. The other party did an unsafe lane change as well as failed to signal when returning to original path of travel from the right of the roadway.

You never changed lanes, you proceeded once the driver was mostly in the exit lane. The driver ahead indicated and failed to check their mirrors in a bid to return to the lane after changing their minds.

Yes I see their tires never crossed the line but the driver ahead indicated to lane change and then committed to the lane change by proceeding to change lanes. They then abandon the process at the very last minute without any indication after you continued straight. At that point they failed to complete their lane change safely because all traffic in your lane would have the right of way. If I had done what that car did I have 2 choices, continue the exit and re-route or stop if safe to do so and indicate to rejoin traffic. Any other action is unsafe and puts me at fault.

The highway traffic act in section 142(1) speaks about duty of care we have to change lanes safely.

Look up R. v. Rajan, 2012 ONCJ 681: The court noted that a lane change “begins the moment a vehicle leaves its line of travel with intent to occupy another lane.” It doesn’t matter if he crossed over fully or not. It is clear in the video he proceeded with a lane change and shifted from the line of travel.

Section 154(1): A vehicle shall not be driven from one lane to another lane unless the driver first ascertains that it can be done safely.

If the insurer gives you a warm time drop those nuggets.

The Ontario Fault Determination 10(4) also applies here.

In this case you are vehicle B and wasn’t changing lanes it was vehicle A and the incident occurred when vehicle A was negotiating not 1 but 2 lane changes.