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Legal matters

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Original poster

Who should be liable for crash?

124 replies

Ohownnoe · 16/11/2023 20:09

If someone can drive around a roundabout as many times as they want does this mean they have right of way ? They entered the roundabout in the wrong lane, not following the directional arrows and cutting people off trying to exit.

Someone crashed into the side of my car on a 2 lane entry and exit roundabout when they were using the wrong lanebut I'm told by insurance company it will be 50/50 and will affect my insurance now 🤨

OP posts:

Thread gallery

HunterHearstHelmsley · 16/11/2023 22:10

Were you going straight on and she was going right?

I had a similar accident about 10 years ago. I was going straight over in the left hand lane, the other driver was going left from the middle lane. Stupidly, neither of us were in the wrong. It was poor signage. My argument was that the other driver was more at fault as their exit wasn't clear.

EarringsandLipstick · 16/11/2023 22:11

Ohownnoe · 16/11/2023 22:08

Yes blue car didn't exit and drove into the side of my car when I was exiting. That's just an image from the Internet to show what the roundabout is like! Also I was already on the roundabout before her as had entered from the previous entrance. So she didn't give way to traffic from the right either

See, that's different!

If she drove into you, she's at fault.

But I don't think she did - you exited, she kept going.

The damage to the cars will make it clear.

I think 50/50 is a fortunate outcome, though I know it's frustrating.

Original poster

Ohownnoe · 16/11/2023 22:12

OK makes me feel better then about 50/50. So does that mean that any crash on a roundabout will be 50/50 then?

OP posts:

HappyMavis · 16/11/2023 22:13

Your left tyres are on fire by the way (on both cars).

Original poster

Ohownnoe · 16/11/2023 22:14

Yes she drove into the side of my car as I was exiting!

OP posts:

EarringsandLipstick · 16/11/2023 22:14

Ohownnoe · 16/11/2023 22:12

OK makes me feel better then about 50/50. So does that mean that any crash on a roundabout will be 50/50 then?

No!

As I say, it could easily be put as your fault - you drove into her. It's your job to check what other cars are doing (even if the driver is being stupid & ignoring the rules).

There's no way you couldn't have seen her continuing when you went to exit; you assumed she was exiting (as she should have) but she didn't.

EarringsandLipstick · 16/11/2023 22:16

Ohownnoe · 16/11/2023 22:14

Yes she drove into the side of my car as I was exiting!

Oh God you keep changing your story!

If she drove into you, so that you exited correctly and then she continued and hit you, the damage will be different & indicative of responsibility.

If you exited into her path (which I think you did) that's your fault, and you are fortunate to get 50/50 responsibility.

eurochick · 16/11/2023 22:17

I'd say 50/50 sounds right. She was in the incorrect left hand lane to turn right. You exited the roundabout from the correct lane but without checking your path was clear. 🤷‍♀️

Original poster

Ohownnoe · 16/11/2023 22:19

I'm not changing my story. I said in the first post someone drove into the side of my car.

OP posts:

HunterHearstHelmsley · 16/11/2023 22:19

Ohownnoe · 16/11/2023 22:14

Yes she drove into the side of my car as I was exiting!

You cut across, causing her to drive into you? Had you checked your mirrors? Were either of you indicating?

OhDoh · 16/11/2023 22:24

I had this. I was in my lane and she was in the wrong lane. She went all the way Round in the outside lane. They said 50 50 to me. I told them to take it to court then. They settled 3 days before. It did help I had a witness though. X

Peacheroo · 16/11/2023 22:28

I'd be arguing that. You should have been able to see what she was doing and stop but if you're in her path and she continues, what can you do. You're never going to be able to avoid.

Original poster

Ohownnoe · 16/11/2023 22:30

Yes! I get there's due care to look and check mirrors and I did see her but I couldn't predict she was going to drive into the side of me! Surely the onus is more on the person in the incorrect lane to slow down and not just plough around as they want without looking 🤷‍♀️

OP posts:

SheilaFentiman · 16/11/2023 22:30

Is this closer to what actually happened?

You joined the roundabout at exit 4, intending to turn right into exit 3 so you stayed in the right hand lane, closest to the centre of the roundabout.

She then joined the roundabout at 1, alongside you. She was Intending to turn right into exit 4, so should have joined in the right hand lane but stayed in the left hand lane?

The red and blue rectangles are the cars :)

SliceOfBread · 16/11/2023 22:31

Maybe they shouldn’t have been there - without a better diagram we don’t know - but they were.

Either way, you should have seen they were there, but didn’t.

Peacheroo · 16/11/2023 22:31

The comprehension is strong on this thread... 🙄

You didn't cut across her. If there are two lanes for the exit, the left lane wouldn't be able to go right as the right lane would be crossing their path. She cut across your path because she was in the wrong lane.

Original poster

Ohownnoe · 16/11/2023 22:32

Yes! That diagram explains it a lot better 🤝

OP posts:

Peacheroo · 16/11/2023 22:33

SheilaFentiman · 16/11/2023 22:30

Is this closer to what actually happened?

You joined the roundabout at exit 4, intending to turn right into exit 3 so you stayed in the right hand lane, closest to the centre of the roundabout.

She then joined the roundabout at 1, alongside you. She was Intending to turn right into exit 4, so should have joined in the right hand lane but stayed in the left hand lane?

The red and blue rectangles are the cars :)

Edited

That's how I read it too. Doesn't matter if OP came from straight or the exit you've circled, the blue car cut across due to the wrong lane.

Now I have "the blue car and the red car had a race" in my head 😵‍💫

SheilaFentiman · 16/11/2023 22:34

With a dual carriageway coming off, Red stayed in the right hand lane at 3 to come off and Blue drove across the right hand lane to stay on the roundabout in the left hand lane and hence hit Red.

This is Blue’s fault, she didn’t check.

EarringsandLipstick · 16/11/2023 22:35

Peacheroo · 16/11/2023 22:31

The comprehension is strong on this thread... 🙄

Save your 🙄!

OP did indeed cut into the lane where the other driver was (albeit incorrectly).

While the other driver was certainly wrong, the design of the lanes means if OP was checking her mirrors, which she should have been, she would have seen her past the point of turning left (ie that she was continuing right) and shoud have stopped

Yes, it's infuriating that the blue car driver was driving incorrectly but OP should have reacted accordingly.

SheilaFentiman · 16/11/2023 22:36

Peacheroo · 16/11/2023 22:33

That's how I read it too. Doesn't matter if OP came from straight or the exit you've circled, the blue car cut across due to the wrong lane.

Now I have "the blue car and the red car had a race" in my head 😵‍💫

Show quote history

Ha, me too 🎶

To be fair, I have very few spatial visualisation skills and it wasn’t until I drew what op was saying that I got the point!

Elmeux · 16/11/2023 22:38

We really need a diagram to offer any proper advice

PuttingDownRoots · 16/11/2023 22:38

Were either of you indicating?

MummySS22 · 16/11/2023 22:39

Im so confused…

GrannyAchingsShepherdsHut · 16/11/2023 22:39

I think who crossed into the other lane might depend on the road markings on the roundabout - whether they are concentric or spiral.

Does anyone know if that makes a difference?

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