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

It might help you in supporting 50/50 if she tries to argue it's 100% your fault for driving into her

The issue will be, I suspect, that as you entered the lane the other car was in without checking it was clear it will be 50:50. Yes, the other car was in the wrong lane, but you crossed into it when there was already a car there. Everyone makes mistakes - someone being in the wrong lane doesn't give you the right to drive into them!

The front wheels comment was directed at the OP. If the Green car is still on her front left as she prepares to exit straight-on into lane 2, it is always good to check that the Green car has gone, or is going, where you think it is going to go.

The other driver's story doesn't make sense. She says she was going straight on (in which case she would be totally in the right and you're liable) but her road position suggests that she was trying to go back around the roundabout. Is she lying? Was she distracted?

I see why others are saying you have some liability but I wonder if there is a case to be made for the other driver causing the accident through careless driving?

One thing you should take away from this OP is always to assume other drivers are stupid idiots who can do anything at any time!

Couldn't see that easily on my phone and was going by the text description that suggested a dual carriageeay started somewhere after the exit. That changes things (hence my caveat), especially given dash cam availability, my suspicion is that OP will probably not be held liable, although until the insurance company has had an argument between departments, who knows for sure...

So you have dashcam footage of it as you mention watching back a video?

If she really did suddenly swerve into your path I assume that could make a difference.

You'd need a video or witnesses for that though surely, as they're going to assume she was driving all the way round in the left and you didn't check you were clear of her before exiting.

I think she was in the wrong, but I've seen a lot of these go 50/50.
If you look up the case law of Grace vs Tanner, you can't assume someone will take the exit.

It is most likely to be 50/50 and the Case Law that supports this is the Grace and Tanner ruling which all Insurance Companies will use.

Ultimately the other driver will have to accept liability for driving in the wrong lane (going past the 12 on a standard roundabout unless road markings indicate otherwise which doesn't sound like the case here) and the OP will also accept liability for not being aware of a car positioned incorrectly (Rule 187) and exiting the roundabout into the path of that vehicle.

If the other driver accepts liability fully, due to her mistake then it would be unlikely her insurance will fight it and accept all liability, however, if she takes that general advice in the case of collisions "never accept liability" then it will likely be settled 50/50.

Here is a video from an experienced insurance liability claim handler to explain. www.instagram.com/itsbigjobber/reel/DFISIVFI2XU/

That's what I'm saying. The OP drove in to the side of the other car. She is at least partly at fault.

I see why others are saying you have some liability but I wonder if there is a case to be made for the other driver causing the accident through careless driving?

They were both as careless as each other.

If the OPs roundabout is like this one, then if you're in the left lane at the point of exit then you're not really on a roundabout any more and the woman essentially turned right in front of an oncoming car. I don't see how it's the OPs fault at all.

It sounds like you had the opportunity to stop, if you had checked your left and/or rear view mirror. Were you doing this as you exited and did you brake as soon as possible?
To be honest, when I have a car on my inside on a roundabout I'm like a hawk with the mirrors and drive relatively slowly as many drivers are unpredictable.

IMO she was completely at fault before I'd even realised that the third junction on the first roundabout wasn't even an exit she could have taken!

If she thought she was in the right to be in that lane, where the hell was your lane supposed to go?!

Yes exactly - all the talk of the OP crossing the left hand lane to exit the roundabout - when in fact she would have been staying in the same lane and the other car crossed out of the left hand lane and drove across the right hand lane into the OPs path.

When there are no signs or arrows on the lanes follow the guidance in the Highway Code. In which case you were both in the wrong place.

If she'd had continued round the roundabout in the left hand lane then I could understand it. But it looks as if she actually turned too late to even do that! See new diagram........

I don't understand? The op did have to cross the left hand lane to exit? How would she have got from the right lane to the exit without crossing the left lane? Op herself doesn't seem to be arguing that the other driver drove into the right lane, rather that she suddenly decided to keep going round in the left lane.

Waiting for image to be reviewed!
Turns out the lane she was in and I was crossing ends after that junction and is crosshatched out.

As someone has helpfully shared the link to the relevant text in the highway code above, the guidance for lanes are to 'take the appropriate lane' if you're going anywhere other than left or right, so in this instance, the appropriate lane would definitely be the right hand one, given there is no right hand turn, and the exit had two lanes.

Here is that highway code guidance you speak of. It says "appropriate lane". Eith two lanes on entry, on roundabout, and on exit, it is appropriate to use the right lane if safe to do so.

But that's not what the google earth picture the OP posted shows. It shows 2 lanes on the roundabout, delineated by white lines and that the OP moved from one lane on the roundabout (the inner one) across the other to exit. I agree that the other driver was in the wrong lane, but there is no doubt that the OP moved across lanes, and presumably without checking, and so 50:50 is the most likely outcome IMO.

Unfortunately OP I think you will be seen to be at fault. The other driver was absolutely in the wrong lane but if you are switching lanes or exiting a round about the onus is on you to make sure it’s clear.

it's a two lane exit, the left hand lane can only exit, it doesn't carry on.

The other side of the road from the bridge onto the roundabout is only 1 lane so only 1 stream of traffic entering.

Because there are two lanes on the exit! And two lanes on the roundabout. She is in the right hand lane on the roundabout going to the right hand lane on the exit. The other car is in the left hand lane on the roundabout going on to the left hand lane of the exit (in theory). The only way for someone in the left hand lane to go around the rounabout in this particular instance would be if they come out of the left hand lane and drive across the right hand lane.