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AIBU?

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Original poster

Who was in the wrong driving?near miss

148 replies

Snowplacelikehome26 · 14/12/2023 22:33

Near miss today. There was a car approaching the mini roundabout from the right but he was a while off and wasn’t near the line yet so I entered the roundabout as I had time. However he sped up very very fast to intimidate me. He was so close going to the side of me. I do know it’s give way to the right but I thought as I’d already entered before him and I was already on the roundabout and he was not yet entering then I thought I would have had the right of way?

OP posts:
RedheadRedBed · 15/12/2023 09:28

I had this the other day came right up behind me and tailgated me . He was coming up to the roundabout as I was driving off it, he didn't have to stop . I've had men try and drive out in front of me on a roundabout too . It never happens when my hb is driving.

Luxell934 · 15/12/2023 09:30

Difficult to say, but unless you had dashcam proof you entered the roundabout first if he had hit you it would have likely been a 50/50
fault or even your fault in an insurance claim.

BIossomtoes · 15/12/2023 09:30

Peacheroo · 15/12/2023 09:25

She shouldn't have been on the roundabout. Had she been driving correctly, she would have been stopped and giving way to the approaching vehicle.

As we've said, and used the Highway Code to show, it is not who is on the roundabout that his priority. If a car is approaching from the right, you must give way.

Of course she should. The rule is that you give way to traffic on the right on the roundabout, not traffic approaching it.

Peacheroo · 15/12/2023 09:33

@BIossomtoes show me that rule. Or read the full thread where PP shows the actual rule which is indeed traffic approaching.

I feel like a fucking parrot. Endlessly repeating myself for zero benefit.

Peacheroo · 15/12/2023 09:36

Also can everyone just use their fucking brains. If it's on the roundabout there'd be brakes slamming on everywhere.

BIossomtoes · 15/12/2023 09:37

Obviously the rules of the road have changed since I was taught to drive then. You’ll find anyone who was taught to drive 30+ years ago thinks the same as me. How long are we expected to wait for approaching traffic- which may be further from it than us - to arrive?

Dbank · 15/12/2023 09:39

"... he was a while off and wasn’t near the line yet so I entered the roundabout".

So the OP was on the roundabout BEFORE the driver approached the line to their right, so the OP has priority.

I agree it's very hard to tell the exact position and timings without being there or having good footage.

Daffodilsandtuplips · 15/12/2023 09:39

OP if you were on the roundabout before he got to it and he wasn’t near the line then you had right of way.
He should have been slowing down and preparing to stop if needs be, as he approached it.
My DH does the driving now but I’m right there, co piloting in the passenger seat. And I’m glad I don’t drive anymore, the number of inconsiderate, aggressive, impatient and downright dangerous divers on the roads nowadays is shocking.

bloomtoperish · 15/12/2023 09:46

Peacheroo · 15/12/2023 07:24

Depends on situation. If the front car slams brakes on then it's 50/50.

Show quote history

Not true, you are liable if you hit someone in the rear, even if they brake suddenly - you need to keep an appropriate braking distance away at all times. If the person in front doesn't have brake lights that work or they are too dirty to see that is different.

Daffodilsandtuplips · 15/12/2023 09:56

Peacheroo · 15/12/2023 09:25

She shouldn't have been on the roundabout. Had she been driving correctly, she would have been stopped and giving way to the approaching vehicle.

As we've said, and used the Highway Code to show, it is not who is on the roundabout that his priority. If a car is approaching from the right, you must give way.

The other driver should have been slowing down and preparing to stop as he approached the roundabout, from the op he wasn’t at the line. “He was a while away from it” He could have been ten meters, five meters, half a mile away. Approaching it from the right doesn’t automatically give him or her priority over it. He does have priority once he’s on it.

Spinet · 15/12/2023 09:57

Although if he had time to do that to you you were technically in the wrong, I prefer not to think about who would be at fault according to insurers but that everyone should always be driving in a way that avoids accidents. So he was obviously a dick. He could've just tutted and stopped like everyone else does in that situation!

Peacheroo · 15/12/2023 10:02

@bloomtoperish ah ok so all the insurance claims I've personally settled based on this must immediately need repaying. You're wrong.

BIossomtoes · 15/12/2023 10:04

Peacheroo · 15/12/2023 10:02

@bloomtoperish ah ok so all the insurance claims I've personally settled based on this must immediately need repaying. You're wrong.

Sounds like it. If someone hits you from behind it’s automatically deemed to be their fault.

Peacheroo · 15/12/2023 10:07

Prove it then

Sirzy · 15/12/2023 10:08

BIossomtoes · 15/12/2023 09:37

Obviously the rules of the road have changed since I was taught to drive then. You’ll find anyone who was taught to drive 30+ years ago thinks the same as me. How long are we expected to wait for approaching traffic- which may be further from it than us - to arrive?

I don’t get the confusion.

if you can see a vehicle approaching from your right and you aren’t 100% sure there is time to complete your manoeuvre first you wait.

Peacheroo · 15/12/2023 10:10

However, there are some exceptions to this general rule that also needs to be considered.
There are many accidents on our UK roads that are not caused by the driver who hits the back of the other car.

If the lead driver suddenly stops without necessary reasoning in the middle of the road and is rear-ended by another car, they may be held liable for causing the accident. The driver ahead may intentionally or unnecessarily brake in a manner that causes the accident.

Similarly, if someone is rear-ended at an intersection or other location with traffic lights or signs, it can be difficult to determine who is at fault as there may be multiple factors involved.
If you were not at fault for the accident our team can initiate your non-fault claim and manage the whole claim from start-to-finish

www.autoclaimsassist.co.uk/if-you-are-rear-ended-whos-at-fault/

Flickersy · 15/12/2023 10:12

He was a twat.

It would have been prudent to wait for him since you could see he was approaching.

Both things can be true at the same time. I don't think either of you are "right" per se.

Chalk it up to an error of judgement and an angry berk and move on.

susiedaisy1912 · 15/12/2023 10:13

WillowCraft · 14/12/2023 22:50

It sounds as though you misjudged his speed and should really have waited

This.

bloomtoperish · 15/12/2023 10:25

Peacheroo · 15/12/2023 10:02

@bloomtoperish ah ok so all the insurance claims I've personally settled based on this must immediately need repaying. You're wrong.

I used to be a third party claims negotiator at a motor insurance company, has there has been a change to the law in the last 15 years?

bloomtoperish · 15/12/2023 10:28

Peacheroo · 15/12/2023 10:10

However, there are some exceptions to this general rule that also needs to be considered.
There are many accidents on our UK roads that are not caused by the driver who hits the back of the other car.

If the lead driver suddenly stops without necessary reasoning in the middle of the road and is rear-ended by another car, they may be held liable for causing the accident. The driver ahead may intentionally or unnecessarily brake in a manner that causes the accident.

Similarly, if someone is rear-ended at an intersection or other location with traffic lights or signs, it can be difficult to determine who is at fault as there may be multiple factors involved.
If you were not at fault for the accident our team can initiate your non-fault claim and manage the whole claim from start-to-finish

www.autoclaimsassist.co.uk/if-you-are-rear-ended-whos-at-fault/

Do you also work for "ambulance chasers" like this company?

NotTerfNorCis · 15/12/2023 10:31

Actually this reminds me of a situation I was in late at night last weekend. I'm a new driver, super cautious. Got to a quiet roundabout. A car was sitting in the lane to my right. I stopped. That car didn't move. It was waiting for another car approaching from its right, but that was miles away! Taking super caution to the next level. I could just have gone! Except of course if the driver to my right had suddenly sped onto the roundabout, any collision would have been my fault.

Kwasi · 15/12/2023 10:38

100% you're at fault. If he'd hit you, the insurance claim would fall in his favour.

SarahShorty · 15/12/2023 10:41

I'm not sure on this one. This is the problem when they put their foot down upon seeing another driver enter the roundabout at the right time. I don't think it's your right of way just because you're already on the roundabout, as I don't think that's how that law works. Although he was being an arse by suddenly speeding up. No accident was caused, so I guess just move on from it.

Peacheroo · 15/12/2023 10:45

@BIossomtoes no. Regardless, a legitimate insurance company would have the same guidance. Nice insulting response tho rather than just admitting you said something as fact that you don't know about.

Peacheroo · 15/12/2023 10:47

Also, on a normal roundabout it doesn't say "on" because someone can be on a roundabout and there is still plenty of time to go.