A driver who smashed into me has lied to insurance and said I caused the accident. What now?

[GunpowderGelatine]

A few months ago on the roundabout near my house, a car went into the side of my car. I was in the right lane going right on the roundabout (exiting at 3 o'clock point) and they were going to the 1st exit (11 o clock point). They did what LOADS of drivers on that same roundabout do - rather than sticking to the lanes they travel to the exit in a straight line, which means they end up in the right lane for a few seconds. This happens about 3 times a week to me on the roundabout, they aren't looking to see if someone is slightly behind them in the right lane so cut across. Because turning the steering wheel for 2 seconds is clearly too much like hard work. Anyway, I have near misses all the time, and this time the back right side of their car crashed into the front left side of mine.

I got their insurance details (though they were cagey about giving a name and we're very indignant about the whole thing) and I put in a claim which has rattled on a bit, paid £150 excess for car repair.

Anyway my insurance have come back and said that I was the one who swerved into their lane and crashed into them!!! fucking lying bastards. I'm furious. Insurance want me to claim 50/50 liability. Which means I only get 50% excess back and my no claims is reduced by 3 years!! I have said no way, it wasn't my fault and they are committing insurance fraud by lying.

I explained that the damage to the areas of the car show they obviously didn't see me (because they weren't looking when they served into my lane) and their back crashed into my front. If it had been me going into them then surely I'd have crashed on purpose as I'd have seen them clear as day?! Also why would I be travelling home in the correct lane and randomly swerve into the wrong lane?!

Anyway insurance have said because there's no CCTV, witnesses or dashcam footage (I have one but my charge point was broken 😫) it's my word against there's and an independent judge would automatically rule 50/50 liability

I'm raging. I also think that's bullshit about the judge. Surely every case without CCTV before dash cams wasn't settled 50/50?!

Any advice on what I can do now? Insurance pressuring me to settle 50/50 but honestly I think they're trying to avoid work for themselves. I refuse to admit it was half my fault and can live without the excess for now. I have heir number and feel like calling them to ask why they're lying bastards (I won't). Why would someone not just do the right thing?!

Oh I’m sorry I thought you meant he admitted liability then withdrew it later

They did - and are arguing "that was an error" this is being accepted by my insurance company and theirs

Damn - only admitted to OP at the time then, I take it?
Very frustrating.

@walkingdeadfangirl - the white lines on the road are part of road signage, and indicate the lanes around the roundabout. As with any other time you change lanes, the other driver should have checked their mirrors, indicated their intention, checked their mirrors again and then changed lane. Had they done this, they wouldn’t have hit the OP.

Also, it sounds from the OP as if he was in the correct lane for the exit he was going to take, so had no good reason for entering her lane. And as I say, even if he did have a good reason to change lanes, it was his responsibility to do so safely.

OP it was 100% not your fault.
Unfortunately due to a combination of the majesty of UK law and Insurance, if you get any more than 50/50 you will be in such a tiny lucky minority that you should get a lottery ticket.

I’d like to commend the Op for an excellent diagram 🏅

Oh thank you all for these diagrams, I never fully understand it without.

Now get the diagram sent to your insurers and tell them to tell the other car to bogger off.

Is the damage to the cars actually on the front and rear or to the side? Surely if the damage is the rear of their car and the side of the front of yours that proves your side.

So if someone pulled out on you at a junction, resulting in you going into them, it would be your fault??

A similar thing happened to me, OP, coming off a roundabout. I stayed in my lane but the car in the left hand lane realised that it filtered off to a different road and he just drove into the side of me. He was all apologetic at the scene, sent me a text offering to pay, when he saw the quote, he blocked me. Then told the insurance company that it was my fault. The insurance company said that it was quite clear that he was at fault and the messages pointed to that but there was no cctv or witnesses so they accepted 50/50. Its absolutely galling.

Everyone pays the excess to start as your own insurers pay for your damage and then claim it off the other insurers.

You then place a claim for the excess to be returned.

Same for the other car - blue car pays their excess

OP will lose 3 years no claim discount - so will pay more for insurance in the future.

OP it’s worth taking out protected no claims so you can claim twice before NCD is effected

Why not go to the island a film a few mad drivers?

So veering into your lane. Careless driving on her part.

Also how can it be the person behinds fault if they're cut off?!

Aren't you supposed to be driving far enough behind that should this sort of thing happen you have time to do an emergency brake without crashing into them?

I am quite used to people in the left hand lane staying coming off at the second exit, or moving into the inside lane, so I always drive defensively. You have to pay attention to what other drivers are doing.

Exactly. The general presumption is that you can't crash into a car that is behind you

I wasn't fully behind them. Their rear was adjacent to the front of my car. So if I'd had a passenger they'd have been able to see into their back seat. That's when they swerved into the lane. She clearly hadn't bothered checking her mirrors

Aren't you supposed to be driving far enough behind that should this sort of thing happen you have time to do an emergency brake without crashing into them?

I wasn't behind them I was in a different lane entirely

Ah now I understand. Definitely their fault. I can't understand how the law can side with someone who cut into your lane. You didn't crash into the back of them, they hit your car, in your lane!
I think I would take that to court.

Why not go to the island a film a few mad drivers?
All that will prove is that lots of people do it - and that will just suggest you should be alert to it. As annoying as it is, it's better to avoid crashes caused by other's twatty driving.

Were there actually two lanes around the roundabout (i.e. painted on dashes). A lot of people turn a single lane roundabout into 2 and that's why this kind of accident happens.

Definitely their fault. I can't understand how the law can side with someone who cut into your lane.
The case law doesn't side with either party, it's 50/50.

Always always always protect your no claims. For bullshit reasons like this 50/50, it's about an extra £30 a year but youd not have lost any of the years you've accrued so far and still keep a relatively low premium.

Sorry all for the confusion re admitting liability - to clarify, they did admit liability at the roadside (albeit begrudgingly) then I was on live chat a while ago to insurance company who said they admitted liability and I should expect my excess back shortly. Luckily I have a transcript of this conversation. Today I was told they admitted liability "in error" and actually have said that it was me who went into their lane.

Were there actually two lanes around the roundabout (i.e. painted on dashes). A lot of people turn a single lane roundabout into 2 and that's why this kind of accident happens

Yes, it's quite a big roundabout too so no confusion. It's just very lazy driving on their part

I think there is some confusion being caused by the OP talking about exiting the roundabout. I think if the diagrams are right, 'just exited' actually means 'just emtered'?

Yes you're right @MemorialBeach - apologies

When we were involved in an accident (not our fault - we stopped in a traffic queue and a car crashed into the car behind us, pushing them into us) dh took lots of photos of the scene, the damage to the cars involved, and the overloaded, unbraked trailer that the car that caused the accident was towing, which caused them to be unable to stop in time.

It’s too late now, but if you had pictures, they would clearly show that he cut into your lane, not the other way around. However, sending them the diagram may convince your insurers to fight this.

A huge lorry did the exact same thing to my dad, and took off the side of his car.

The lorry driver was an utter arse and constantly claimed it was my dad’s fault.

There was CCTV fortunately however the other driver constantly claimed he was not liable and was backed up by his insurance company.

Eventually there was a court date set and my dad was prepared to keep fighting it. I think the other party/insurers thought the idea of court date would scare my dad into accepting 50-50. No chance! The day before the court date they withdrew and accepted liability.

I think they use all of this as a scare tactic and imagine that court is a big enough threat to make people except shitty deals.

Obviously I don’t know the caselaw, but I would be so prepared to fight this!

Yep, the “exited” bit is what I went all about.

Also, sorry for saying tales not tails earlier.