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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
15
Original poster
AnxietyLevelMax · 22/06/2022 21:10

@custardbear nothing. Literally nothing. It is up to me.

OP posts:
mrsbouquett · 22/06/2022 21:11

You are in the wrong from what you’ve said

if not outing what roundabout is it? Typically if you are in third land it’d be assumed you are going right, first lane would be left to straight on, second land straight on

you should have checked your blind spot before crossing out of your lane which you had to do to exit IF the second land could also go right

Original poster
AnxietyLevelMax · 22/06/2022 21:15

@mrsbouquett completely understand but how can u drive based on assumptions? I am
pretty sure it is wrong of him to assume i am
going right while i was indicating i am taking a second exit. Usually the arrows on the road are as u said above but in the pictures u see all three lanes go straight. He didnt pay attention to where i am going so why my fault?

OP posts:
mrsbouquett · 22/06/2022 21:20

You didn’t check your blind spot though? If you had you’d of stopped and he’d of carried on.

i can’t see the photos sorry so was going on a usual roundabout. Either way sounds like fault on both sides tbh

Georgieporgie29 · 22/06/2022 21:24

It sounds like she didn’t leave her lane though, he came into her lane and that’s where she hit him.
also, you can’t just assume that she was going round because she was in that lane, a lot of roundabouts have that lane going straight ahead too, if he wanted to go all the way around he should have been in her lane not just joining the roundabout wherever he fancies and moving across

SirGawain · 22/06/2022 21:27

On a three lane roundabout In you situation I would expect the car in the right hand l to be going further around, not going straight on. That said you should have be keeping an eye on cars to your left.

MrsTerryPratchett · 22/06/2022 21:28

I'll be honest. In Court you have to be sure and you have to explain yourself effectively. Neither of which are happening here.

Logoplanter · 22/06/2022 21:29

I think it depends where he came from. Did he enter the roundabout at the same entry as you? If a different entry/exit who was on the roundabout first? I'm presuming you were. Could you turn right in the lane he was in if he entered the roundabout at the same place as you?

Can you answer those questions.

FranklySonImTheGaffer · 22/06/2022 21:30

It's been a while since I dealt with claim liability however, I think it's highly unlikely this is going to result in a non fault claim for you.
You cannot prove he was speeding or that he hit you. It doesn't help at all that you have no idea where he came from or where he was before the impact - based on that, it'll be very hard to dispute his version of events.

Also, if the accident happened as you were passing the exit you intended to take, it is more likely (when the judge considers the probability of both sets of circumstances) that you were moving to take your exit, didn't see him and caused the accident - and if you're leaving your lane to exit, it is your responsibility to make sure there was no traffic coming and you were safe to do so.

When it comes to future premiums, you'll likely find an impact on your premiums regardless of the liability outcome.
If it's fault (whether 2% or 100% liability), many insurers will consider you a bigger risk to cover than you were prior to the accident and will increase prices accordingly.
And if you're non fault, a lot of the pricing research shows you're more likely to have another accident in the next 2 years which again, increases the risk of covering you.

It's always worth going to court to try and fight but you should be aware that there's a good chance you will lose.

gogogadgetgo · 22/06/2022 21:36

My instructor said left and middle lanes for turning left and going over. Middle and right for turning right.

Highway Code diagram looks the same. For going straight over you should be in the left lane. And them turning right should be in the right lane.

That said neither of you saw each other? Were you indicating?

FemmeNatal · 22/06/2022 21:39

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

If neither of you were changing lanes then how did you hit him?

Did they enter the roundabout from the same road as you, or were one of you coming on from a different road than the other?

Original poster
AnxietyLevelMax · 22/06/2022 21:42

@Logoplanter i was distressed, 3 months after i cannot be sure where he was because it was busy and out of so many silver cars around i just dont know. I did check my mirrors and everything and it seemed to be safe… i was going also slow because as mentioned it was busy.

It seems like he did enter at the same entry, he was in the middle, i was in the third lane. If he was next to me we entered at the same time.

Please look at the pictures of the roundabout.

@MrsTerryPratchett thanks…

@FranklySonImTheGaffer thank you. I guess i wont go to court if it so hard to understand what i say, it doesnt seem to be straight forward who is guilty and who is not, anything can happen then, it is very upsetting though.

OP posts:
HangOnToYourself · 22/06/2022 21:43

I hate to be that person but could you do a diagram? I'm struggling to understand

Original poster
AnxietyLevelMax · 22/06/2022 21:45

@gogogadgetgo can you please ask your instructor if it is the same if the markings on the road are different? Picture reattached.

To take them to court?
To take them to court?
OP posts:
Original poster
AnxietyLevelMax · 22/06/2022 21:46

i can do a diagram but is it not clear from google map pics?

OP posts:
TokenGinger · 22/06/2022 21:47

I don't think you're in the wrong here, OP. I'd take it to court. He can't be in the middle Lane and take the third exit, when that requires going in front of somebody else's path.

The roundabout very clearly says all three lanes go straight on, so there's a high chance the person in the right lane (you in this instance) will go straight on, which then means he had to cut you up and cross your path to take the third exit.

I wouldn't accept fault for this.

gogogadgetgo · 22/06/2022 21:48

AnxietyLevelMax · 22/06/2022 21:45

@gogogadgetgo can you please ask your instructor if it is the same if the markings on the road are different? Picture reattached.

Well no. I passed and I'm not going to see him again.

I can however refer you to the Highway Code

www.highwaycodeuk.co.uk/roundabouts.html

Were you indicating?

FemmeNatal · 22/06/2022 21:48

AnxietyLevelMax · 22/06/2022 21:46

i can do a diagram but is it not clear from google map pics?

No, you’ve said that no-one changed lanes, but also that they did.

Original poster
AnxietyLevelMax · 22/06/2022 21:48

@TokenGinger i am fully aware it is hard to understand me but thank you! Exactly what happened and what i think

OP posts:
Logoplanter · 22/06/2022 21:50

If he entered the roundabout at the same entry as you he wouldn't have been able to turn right from his lane (based on the fact you could go straight on in your lane) which means he would be in the wrong.

Original poster
AnxietyLevelMax · 22/06/2022 21:53

@FemmeNatal Diagram attached. And all three lanes go straight

To take them to court?
OP posts:
underneaththeash · 22/06/2022 21:53

I think you were in the wrong lane, with a roundabout / you change lanes as you go around it. So if you’re turning right, you start off if the furthest lane, then go I to the middle lane before going into the left lane as you exit.
it’s not often well taught and my husband is terrible at it.
but I’d say you’re at fault.

Logoplanter · 22/06/2022 21:53

Also, if he entered the roundabout at the junction after you, and cut across you he'd also be in the wrong as the person on the roundabout has priority.

I wonder if he expected you to be going right, as you were in the inside lane 🤔

MajorCarolDanvers · 22/06/2022 21:54

Its a normal procedure with insurance companies. Just follow their advice.

Logoplanter · 22/06/2022 21:57

If there were three lanes going straight on leading into and coming off the roundabout you've done nothing wrong in going straight on, providing those lanes don't disappear as you go round the roundabout. Often, but not always you need to move across the lanes to get off the roundabout and the lane that you entered as a straight on lane turns into a right turn lane.

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