AIBU to think I have no liability here? (diagram attached)

[WiggyClawsThe2nd]

I think I'm fairly sure on this but can't stop panicking so I thought I'd ask on here.
Friday night I had a car accident. It was a real shock and it's only now that I've stopped to think about it that I'm feeling really really cross.
In the diagram I'm the blue line, the other driver is the green line. The thick lines show where we went, the thin lines indicate where you would have expected us to be going. Given that the lady tried to tell me she'd been going straight on when obviously she didn't makes me wonder if she had a mad moment!
Anyway, this particular roundabout leads onto a bridge over a dual carriageway. On the other side of this bridge you can go left onto a local road, or right to join the dual carriageway.
When we joined the roundabout, the other car was to my left. Neither of us indicated before joining the roundabout, however I did indicate left after I passed the 1st left exit as I was planning to go over the bridge and turn right to join the duel carriageway. As I was about to leave the roundabout the lady turned in front of me to head back round the roundabout and I hit her in the side of the car. Slow speed, maybe 15 mph.
It turns out that we have the same insurance company just to complicate matters.
I'm pretty sure that she is liable for this accident, what do you all think?

YABU: you are liable
YANBU: you are not liable

Op's added a lot of info since that reply.

It would be lovely to have your faith that insurance companies are all for doing the right thing morally…. But think about it critically and talk to your colleagues because some give a very different story. It’s fine if there is clearly someone at fault but if it’s debatable , they’re not going to fight themselves in court.

This isn't how 50/50 works. Nor do insurance companies get to keep your excess. 🙄your excess is the amount you contribute to your repair in exchange for a lower premium. Regardless of fault.

However we can recover it as an uninsured loss if you aren't at fault. Or part of it if you are partially at fault. Many/most insurance companies will refund it on admission and recover it on your behalf.

Nor do insurance companies get to keep your excess. 🙄your excess is the amount you contribute to your repair in exchange for a lower premium. Regardless of fault.

I never said they did. By me saying "benefited", I mean two parties contribute their excess, not just one party.

I worked on it. It's nothing to do with morality and everythingto do with case law and the highway code. Noone will stack up costs if the case will lose in court but yes cases will absolutely settle the same if it is the same company or a different. Certainly the places I worked

Yes, but my comment was meant to address the incorrect general assumption that some PPs have that if you're exiting a roundabout you 'should' be in left hand lane. Lazy assumptions cause accidents.

It's not an assumption. It's the highway code. Unless the road markings indicate otherwise

This is the Patcham interchange?
Coming from the 6oclock position per your diagram there are two lanes. But only one lane crosses the bridge straight ahead which is contrary to your description of two lanes carrying on. The road markings clearly show that the right lane on the roundabout is right turn only ie carry on going around the roundabout. If you are in the right lane and intend to go straight on you would need to carefully merge into the left lane.
Equally of the other driver came up on the left lane and intended to go right she was definetly in the the wrong lane.
Therefore i would conclude you are both at fault and go 50/50

@grumpygrape had the best reply 👏

Also to add... I'm not specialist here, but she undertook you on a roundabout also. So that's surely another factor that makes the other driver liable! I don't think you have anything to worry about. Even if it gets to the stage where you have to submit diagrams etc, don't let this drop as you are not in the wrong. 🙏

Wrong interchange

Hadn't even thought about undertaking! Thank you!

Which one is it then? Your pic shows the Patcham interchange.

And up to '12 o'clock' you should be in the left hand lane on this roundabout. So you were both in the wrong.

But you were going straight ahead in the right hand lane. That was the wrong lane Unless the road markings indicate otherwise. Essentially you were both in the wrong lane (Unless markings indicate otherwise)

I do think youre on a sticky wicket. Your statement implies you didn't see her as you changed lanes. It could well be argued that the proximite cause of the accident wasn't either of you being in the wrong lane, but you're failure to see her as you crossed lanes. The damage areas would support this. There is case law to say that if someone does something wrong but is still there to be seen the primary liability rests with the car who fails to see, the car initially in the wrong would take a degree of contributing liability.

Certainly if I'd had your statement on front of me I'd have been frantically Google earthing the junction in the hope the road markings saved you or the other parties witness statement is worse than yours, otherwise youre damned by your own statement.

But it has been a little while

The markings show that the lane to continue round the roundabout to the right is not usable. There are white hatches to stop you going round in the outside lane past the 2nd exit.

Have you actually looked at the diagram? Do you think they installed a right hand lane on the exit just for fun and not for anyone to actually use?

Op didn't upload that picture though

Doesn't matter how or why they installed it. Only matters you use it correctly

Exactly my point. Not to mention we were both part of 2 snakes of traffic, one snake going onto the bridge to turn left, and one snake going onto the bridge to turn right.

There isn't on this view of it, it shows two lanes going round the island.

No one in their right mind would go from the left lane and carry on around the island, knowing cars to the right of them are going straight on, but it is a very ambiguous exit.

Have you actually looked at the diagram? Do you think they installed a right hand lane on the exit just for fun and not for anyone to actually use?

I am beginning to think they do think that.

Which OP did, as there was no exit after 12 o clock.

Tbh I'm not sure it matters. There to be seen still applies. But are you suggesting she is moving into a lane that doesn't continue?

Again i dont think that wouldn't change you both being in the wrong lane and you should have seen the other car checking your mirrors and blind spot. But again I would want to be checking out the other persons statement and the actual road markings

Of course we're human and we don't always see things, which is part of the value of insurance. But I would be very surprised if this came out entirely in you favor

The highway code does not say you use
The left hand lane unless there is no right hand turn.

It says to follow all road markings and take the left hand lane going straight ahead.

Which means if you are going straight ahead you take the left hand lane unless road markings indicate you may take the right

It really isn't this complicated

Look, I know you've uploaded a link to the highway code, and I replied to that message, but can you not copy & paste the exact section of it where you have seen it say that only the left lane can be used to go straight over? Because I've looked, and looked, and looked again, and I can't see it. And yet you sound so very sure.