To take them to court?

[AnxietyLevelMax]

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

I have no experience of taking things like this to court, but from your images and explanations, it looks to me like the only lane you can turn right on the roundabout is the third lane that you were in. The middle lane should have been labelled as ahead only - otherwise this exact accident can happen! If the third lane (that you were in) has a straight-ahead arrow as you approach (as the pictures show it does), then you have to be able to assume all lanes to the left of you are ahead only to be able to use the roundabout safely. I have never seen a roundabout where someone in the middle lane can go right while someone in the third lane can go straight ahead.

Without seeing the road markings on the roundabout it is hard to know if he is at fault, or if it’s just a very badly labelled roundabout. But I can’t see how it’s your fault, as the lane you were in said you could go ahead (and you can clearly see there are three lanes on the exit you are taking, showing there are three lanes from which you can leave the roundabout.

I’ve drawn a very rudimentary diagram showing where I think cars in each lane can go - I’d be fascinated to learn if anyone has come across a roundabout where someone in the green lane can turn right (without switching to the red lane), given red can go straight on!

There's a roundabout like that near me. Three lanes coming onto the roundabout and all three lanes continue straight on, and signed as such. If you want to turn right you have to be in the third lane as traffic in the third lane is likely to be going straight over. I don't think you were in the wrong.

I went to court over an accident very similar to this as the other person said I was completely at fault, it was settled at 80% their fault and 20% mine as apparently you should be psychic, so I still had to declare it at renewal.
If you have legal cover as part of your insurance then there would be no cost to you, speak to your insurance legal team, use google maps satellite pictures for a birds eye view and walk them through it as they will then recommend what action to take.

Hmm I would say that you would need to be in the left two lanes when going straight on but if you are sure the signs said the right lane was ok for straight in then how can you be in the wrong. If he was going right he should have been in the right lane surely. What does it say in the highway Code book. A court would go by those rules. I say take him to court.

Thank you @NothingIsWrong @AnnaNext
i will have a think and see if i want to take it further then

Looking at the signage in the picture you posted it looks like a 2 exit roundabout is that right? In which case I think you may have been in the wrong lane.

That suggests that you changed lanes, hitting him. If, as I think you said, you hit him on the side of his car then I think you’ll bear most of the blame.

I think you were both in the wrong lanes, so equally at fault.

This is the one near me, it's jn9 of the M40.

As you can see, three lanes all signed to go straight on over the roundabout down the A34. If you want to turn right to go M40 north you MUST be in the RH lane as traffic in the third lane can be going straight over.

Once you are off the roundabout the third lane merges with the second to make two lanes going down the A34, but there are very definitely three lanes on the roundabout all going straight over.

For those who know it, this is coming from Bicester, going over the top of the M40 towards Oxford.

No, you don't 'change' lanes in terms of literally cutting across. What was the middle lane becomes the left lane when the previous left lane feeds off into an exit. But you're still driving in the same lane without having crossed any lines.

This is demonstrated in the below pic where the middle lane becomes the left lane after the first exit

@NothingIsWrong it happened at J13 so very close.

OP I understand exactly what you're saying. The road markings clearly state you can go straight on in all 3 lanes. You were not wrong.

I have a similar set up near me and I triple check my mirrors on that roundabout as it's an unusual road layout and I want to avoid the exact this incident!

Not sure it's worth the hassle of going to court, you're probably going to have to accept some of the liability anyway.

Don't be so rude to people who are trying to help.

Are there any painted road markings showing the three lanes all filtering straight on . If not the rh lane would normally be for taking a later exit , even if there are three lanes at straight on exit, and you should have changed lane to exit.

If this is correct then he was in the wrong lame if he was turning right.

I'm not sure if I'm looking at it correctly, but it looks to me like you were in the wrong lane? I could be wrong but if you were, you'll be a little bit stuck unfortunately 😣

@LIZS

But he was in the wrong lane if he was turning right.

@ILoveAllRainbowsx possibly. That also depends on road markings, did he join at same point as op or was he about to filter over?

It sounds like he should have been in the third lane.

If the roundabout was too busy for you to check your blind spot and exit safely, you should have continued round and tried again.

So you were in the third lane nearest the roundabout coming off at second exit. And he was in the middle Lane wanting to come off at third exit.

Sorry maybe I'm being dim but that makes no sense to me. Surely you were in the wrong lane then? You should have been in the first or second lane if coming out on the second exit? And he was fine to be in the middle lane to come off of third exit.

Why would you go in the very inside lane when going straight through? Maybe I've misunderstood but if not then I would say it's your fault.

Just seen this. Yeah you were in the wrong lane.

I feel like I need to see the full sinage for entering the roundabout. If it says you can go straight on in the third lane then surely it should also say you must be in the third lane to turn right. Otherwise you are just going to get this accident happening as the person in the third lane has to either go all the way around the round about or stop to avoid cars going right in the second lane, which is ridiculous.

I'd start further back, find out which entry he used and try to prove he was in the wrong lane using the signs and road markings.

Oh god, I've went back and looked. And maybe it was him in the wrong lane!! Argh this is frustrating, I can't for the life of me work out who is in the wrong!