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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to wonder what the point of lanes is if someone can crash into you anyway

221 replies

RebeccaWithTheGoodHair · 13/12/2016 11:29

Back in the spring I was in a car accident. It was at a roundabout on an A road dual carriageway.

I was in the right hand lane going over the roundabout to exit in the right hand lane straight ahead. A car was beside me in the left hand lane and should have been going either left or straight ahead into the left hand lane of the dual carriageway. They didn't. They turned right and crashed into the side of me.

My insurers agree that I was correct in a) my driving and b) that is was his fault. But apparently there is a legal precedent where a judge decided that the person in the same situation as me should have been aware of the other car and thus was equally to blame for the accident, this means my insurer will only go for 50/50 in my case.

This has really pissed me off as wtf is the actual point of lanes if a driver can just make a decision to turn right at any point. And I was aware of the fucker, just under the impression he would stick to the rules of the road and not crash into the side of me. Shouldn't he have been aware of me??!!

And to add insult to injury this happened back in May and the other driver still hasn't given his insurers any details of what happened so it hasn't been resolved either way. My insurers seem powerless to hurry it along and won't even tell me how long it could go on for.

AIBU to think it was entirely his fault AND that there must be some time limit on how long he has to make any statement to his own insurers so it can be finally resolved.

OP posts:
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9
AgentProvocateur · 13/12/2016 11:31

That seems very unfair, and YADNBU on both counts. Some people are just areseholes.

BolivarAtasco · 13/12/2016 11:37

This makes me so cross on roundabouts. People seem to have no idea how to use them any more and just get in the shortest queue, regardless of where they plan to exit. We were sideswiped by some twat in the left lane who was actually turning right. Initially, they admitted liability but then changed their mind.

The insurance co tried to pressure us into accepting 50/50 but we refused. The lanes were clearly marked, so we just got pictures of the road layout, showed where we were and where the other car was, and flatly refused to accept any fault. It took ages and nearly went to court, but the other party caved in at the 11th hour.

DO NOT allow your insurance co to force you to accept 50/50.

Original poster
RebeccaWithTheGoodHair · 13/12/2016 11:40

Bolivar - that is very interesting, can I actually insist that they don't go for 50/50? I really do feel I'm blameless in this and assumed my insurers would back me up, so I trusted them when they said it would be 50/50.

OP posts:
wasonthelist · 13/12/2016 11:41

YANBU it is ludicrous

JellyBelli · 13/12/2016 11:41

Challenge it, it goes against the Highway code.

LastLeaf · 13/12/2016 11:44

OP my friend was in an almost identical accident about 3 years ago. Her insurers tried to get her to accept 50/50 but she refused. She got pictures of the roundabout and showed how each lane was clearly marked. The case was settled and she received compensation.

TheWitTank · 13/12/2016 11:45

That does seem ridiculous I agree. Can you appeal or refuse to accept as Bolivar suggests?
Some people are terrifyingly unaware of how lanes and roundabouts work. I actually wonder how some got through a driving test.

Original poster
RebeccaWithTheGoodHair · 13/12/2016 11:47

Thanks so much, I genuinely had no idea you could challenge your own insurers. I will do so pronto!!

OP posts:
LastLeaf · 13/12/2016 11:48

Just to add, my friends case was only settled a year ago so it took nearly 2 years to sort it out (the other driver in her accident took ages to respond etc) but she just ppoint blank refused to accept she was in the wrong as she clearly wasn't according to the markings on the road.

lurkinghusband · 13/12/2016 11:48

There is a general precept in driving that regardless of the situation, if a driver can prevent an accident and doesn't, they should share the blame. I suspect this is what has applied here ? (Notice question mark).

So if you are driving quite legally down a road, and some arsehole pulls out in front of you, even though you have right of way, if you choose to go into them rather than perform an emergency stop, then you share blame.

Right of way does not trump your obligation to prevent accidents.

LastLeaf · 13/12/2016 11:50

Posted too soon. My friend also received, from the insurance company, the diagram that the other driver had drawn of the lanes and where both cars were which actually proved her point!

Original poster
RebeccaWithTheGoodHair · 13/12/2016 11:50

lurking, lol the only way I could have prevented it would have been by crawling around the roundabout waiting to see what he decided to do - then I'd probably have been rammed from behind!!

OP posts:
P1nkP0ppy · 13/12/2016 11:51

Definitely challenge them, I had an elderly man drive into the side of me from a side road, he admitted liability, said he didn't see me (!) yet my insurers said 50/50.
How the hell it could have been anything other than his fault beats me - I had two witnesses too.
Eventually it was resolved with his insurers paying out but it took ages.

Smellslikeoranges · 13/12/2016 11:52

I am trying to figire out the logic of the legal precedent. Does that mean that you were expected to move out of his way when he decided to change lane without looking/caring? But that would leave you potentially doing the same as him and hitting another car to get out of the way of a car hitting you. Which as far as I understand, although understandable, is definitely wrong. And it is not his insurance company but yours who has come up with this? Sounds like your insurance company is trying to wriggle out of paying up. Can you request access to that judgement and go from there?

Original poster
RebeccaWithTheGoodHair · 13/12/2016 11:52

lastleaf - thank you, he hasn't responded with any info to his insurers yet but it will be interesting to see what he does come up with as I can't think of any way he could prove he was correct.

I'm presuming that's why he's delaying responding but god knows how long that can go on for, there must be a time limit surely?

OP posts:
Original poster
RebeccaWithTheGoodHair · 13/12/2016 11:55

smellslikeoranges - your logic is impeccable, I couldn't agree more. There is no sense to it whatsoever and it makes an absolute mockery of having dual carriageways and lanes if someone can just decide to do what they want at the last minute and expect everyone else to accommodate that.

So so glad there haven't been any YABUs on this!

OP posts:
lurkinghusband · 13/12/2016 11:55

lurking, lol the only way I could have prevented it would have been by crawling around the roundabout waiting to see what he decided to do - then I'd probably have been rammed from behind!!

If you can choose the accident to have, much better be rammed up the back Grin.

The insurers primary (if not only) motivation is to pay out as little as possible.

Also you don't have to rely on your insurers. You have every right to issue a small claim (fast track) summons against the other driver in your own right. If they ignore that, you get default judgement and send the bailiffs in (and claim your costs back from your insurer ...).

LastLeaf · 13/12/2016 11:56

Don't know about any time limit but as I said it took nearly 2 years for my friends case to be resolved. She did get there in the end though. (Then another car drove into her in a carpark and wrote the car off!)

TheWitTank · 13/12/2016 11:56

It's bonkers isn't it. I presume you were driving side by side (to both go straight ahead in your mind) and he turned into your car -how on earth would you avoid or predict that would happen? Of course you were aware -I would hope so as a good driver using mirrors! How you would be aware (without psychic powers) that the person next to you didn't know what they were doing is beyond me. Hope you manage to get it sorted in your favour.

chuntersalot · 13/12/2016 11:56

Many years ago I was stationary on my side of the road when a bus came round a corner and took out every door and panel on the drivers side of my car. Fairly stick on not my fault? No, apparently as that vehicle was bigger than mine I should have got out of the way Grin

Smellslikeoranges · 13/12/2016 11:57

Sorry misunderstood. You were in the right hand lane so didn't even have another lane to swerve into. What could you have done to prevent it? Emergency brake? Is that the argument?

LastLeaf · 13/12/2016 12:00

Urgh this does remind me of my stbxh. He was a shit driver and the last time he ever drove me or our dc was when he decided lanes on a roundabout weren't relevant to him. The bloke he cut up had a massive go at stbxh and he was shocked when I didn't stick up for him! i am now very choosey (choosy?) about whom I am a passenger with.

HaveNoSocks · 13/12/2016 12:01

I've just passed my test and I'm terrified of roundabouts for exactly this reason. Loads of people seem to just do whatever they want and barge their way across the roundabout however they feel like.

I guess the argument is that you should check your left mirror before coming off the roundabout in case there's someone doing the wrong thing (that's what I was taught in my lessons) and if someone is there just go all the way around - was that possible? I don't see how it could be 50-50 though since there would have been no accident if they had driven correctly.

Original poster
RebeccaWithTheGoodHair · 13/12/2016 12:02

My insurers didn't give me a reason, they just said as there was legal precedent they wouldn't be taking it any further. At the moment they are relying on the other insurers not realising this!

I will take it further with them though, I didn't know you were allowed to argue with your own insurance company - v law abiding citizen me!

OP posts:
trixymalixy · 13/12/2016 12:02

My Mum had a crash like this. As you were leaving the roundabout, you would have essentially been the one changing lanes, whereas he was continuing round the roundabout in his lane. You shouldn't have left the roundabout without checking he was too. My dad checked the highway code on this apparently. I haven't so this is just what he told me!

That's if it's a standard roundabout, if the lane markings are different then you may have a case.