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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To take them to court?

131 replies

AnxietyLevelMax · 22/06/2022 20:41

I had a car accident 3 months ago. I believe it was not my fault although the other party’s insurance company is not willing to negotiate with my insurance company and appointed solicitors to take me (and the insurance company) to court if I don’t pay the settlement figure.

so i either agree to take them to court, which will be handled by my insurance company and their lawyers but i will have to attend (have no control over how this people will handle the case) or i just agree for my insurance company to pay them but then my car insurance etc might go rocket high and will need to face any other consequences i guess.

i was at the roundabout, three lines when u get to the roundabout, at the roundabout and when u exit the roundabout. You can go straight from all three lines. I was on the third line going straight (second exit). It was very very busy and the other car just jumped in front of me and i hit him. He claims he was next to me and wanted to go to the third exit, but was literally in front of me when i hit him, i hit his rear passenger door, he completely turned around, his wheel came off, back door and bumper was smashed etc. to me he was speeding and entered the roundabout and wanted to make it in front of everyone but it happened so quick i cannot be sure. It is my word against his. No cameras or witnesses.

first picture is from Google map and shows the road when u get to the roundabout
second picture shows the actual roundabout, i was exactly where that white car is when i hit him

To take them to court?
To take them to court?
OP posts:
Thread gallery
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Original poster
AnxietyLevelMax · 22/06/2022 20:42

Forgot the question…

shall i go to court or just forget it as it is 50/50 and my total claim value can be higher (including court fees and solicitor fees if i loose) which means my car insurance will be even higher

OP posts:
custardbear · 22/06/2022 20:44

So he under took you on a roundabout?

HappilyHadesBound · 22/06/2022 20:45

Whatever you do about this claim- get dashcams!!!

We've had two accidents at roundabouts in the last year, both claimed to be non-fault by the other party, both categorically proven with video evidence!

Original poster
AnxietyLevelMax · 22/06/2022 20:47

@HappilyHadesBound great advice. As soon as i can go back in time i will sure do it.

@custardbear yes, from what he is saying he was in the middle lane going to the third exit and i was in the third lane going to take the second
exit

OP posts:
FluffMagnet · 22/06/2022 20:47

This is pretty normal with insurance companies. Litigation is a pretty slow process and the courts want the parties to settle before an actual hearing, so it is fairly likely that this will be resolved by the companies.

1dontunderstand · 22/06/2022 20:47

If I understand, he was coming from your right and you hit his rear passenger side door.
the rules are that you give was to cars on you right at the roundabout, so you would be very hard pushed to prove you were in the right in this scenario

CheeseCakeSunflowers · 22/06/2022 20:50

If the two insurance companies cannot agree then it must be debatable who is responsible. My feeling is go to court, the worst that could happen is that they find in the other parties favour and your company settles. In this case you are in no different a position financially than you are agreeing to settle now. I know the idea of having to give evidence in court is daunting but I think this is the best option.

1dontunderstand · 22/06/2022 20:51

You hit his rear passenger side door, drivers side, as you were exiting the roundabout at the second exit and he was continuing to the third exit. Still your fault in this scenario. As the driver manoeuvring/changing lane, the emphasis is on you to ensure the lane you are manoeuvring in to is clear

Original poster
AnxietyLevelMax · 22/06/2022 20:53

Just to make it clear.

green line is the other car and red line is me. I hit him where lines crosses

To take them to court?
OP posts:
Original poster
AnxietyLevelMax · 22/06/2022 20:55

@1dontunderstand but i wasnt changing lanes, neither was he. Is it still my fault then? I am sure he shouldnt be assuming i am going right and not straight as i was able to go straight

OP posts:
custardbear · 22/06/2022 20:56

It does seem a bit odd you're in the 3rd lane if you're taking the next exit. Did you see he was behind you and creeping up when you did your shoulder check?

Original poster
AnxietyLevelMax · 22/06/2022 20:58

@custardbear it was not ideal lane but at that time the road was really busy and i couldnt change the lane. I saw i could continue straight from the third lane so i stayed there as it seemed more safe, lot of trucks and other card around and i had a baby at the back. I have no idea where was he, didnt see him until i hit him

OP posts:
GrannyAchingsShepherdsHut · 22/06/2022 21:00

Did he pull across the front of you into the right hand lane, at which point he was too close for you to avoid and you hit him? Or, did he stay in the middle lane and you were expecting him to exit into the middle lane of the second exit, but he didn't, so when you exited into the right hand lane of the second exit you went into the side of him?

1dontunderstand · 22/06/2022 21:01

Did he come into your lane or did you go into his,

SofiaSoFar · 22/06/2022 21:02

You'll be hard pushed to not be apportioned some liability, whether full or partial.

And that's the crux of it if your concern is the impact on your insurance. Unless you're completely absolved of any responsibility future insurance quotes won't care if it was 50/50 or 100% your fault because you'll still have an 'at fault' claim.

PutinIsAWarCriminal · 22/06/2022 21:02

Perhaps it was a case of him deliberately cutting you up in a cash for crash scenario. I would go for 50/50 though, as anything else would be difficult to prove, expensive and stressful.
I really need a dash cam.

KnitOnePearlOneDropOne · 22/06/2022 21:03

SofiaSoFar · 22/06/2022 21:02

You'll be hard pushed to not be apportioned some liability, whether full or partial.

And that's the crux of it if your concern is the impact on your insurance. Unless you're completely absolved of any responsibility future insurance quotes won't care if it was 50/50 or 100% your fault because you'll still have an 'at fault' claim.

This.

JustFrustrated · 22/06/2022 21:03

AnxietyLevelMax · 22/06/2022 20:58

@custardbear it was not ideal lane but at that time the road was really busy and i couldnt change the lane. I saw i could continue straight from the third lane so i stayed there as it seemed more safe, lot of trucks and other card around and i had a baby at the back. I have no idea where was he, didnt see him until i hit him

So you didn't check your blind spot before exiting.

That's wholly on you.

Georgieporgie29 · 22/06/2022 21:05

It looks like he was in the middle of the 3 lanes but going right around the roundabout, so should have been in the same lane as you to do that? If that’s the case then he was possibly undertaking you? Otherwise he’d be exiting at the same time as you and I’m guessing you were going onto either a 2 lane road where you would be in the ‘fast’ lane or a road where your lane merges in?
if that’s the case then I would want to argue it I think.

roastedsaltedpeanut · 22/06/2022 21:05

I think the driver came from OP’s left. Trying to go from second lane to the third lane for the third exit. OP was in the third lane for the second exist. A crisscross was inevitable. Neither gave way or possibly was not aware of each other. Sounds like a poorly designed roundabout to me.
Personally if there were three lanes available I would prefer to take the second lane for second exit and allow third lane for third exit.

1dontunderstand · 22/06/2022 21:06

You’ve said you didn’t see him until you hit him. But you hit his rear passenger door

Original poster
AnxietyLevelMax · 22/06/2022 21:06

I hit him when i was still on my lane, he pulled right across of me.

@SofiaSoFar i meant it is my word against him in court and the chance of me winning is 50/50 from my understanding. The claim will be either no fault or fault. If non fault there is no consequences in terms of high insurance going forward.

OP posts:
custardbear · 22/06/2022 21:07

It's tricky as should he have been pulling off too in that middle lane? Or was he able to continue going around? If he was able to continue it would be hard to prove he raced up and undertook you and you didn't see him, but you should also have really seen him in your shoulder check.
What has the insurance company/solicitor advised in these scenarios?

Original poster
AnxietyLevelMax · 22/06/2022 21:09

@Georgieporgie29 @roastedsaltedpeanut exactly what happened!
as i said i couldnt change lane because it was busy and i stayed there as i saw i could also go straight.
definitely poor design of the roundabout. We have been 2-3 hrs after the accident and same thing happened almost 4 times

OP posts:
Butitsnotfunnyisititsserious · 22/06/2022 21:09

Did you not see him in that Lane when you did your check prior to coming off the roundabout?