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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
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SheilaFentiman · 16/11/2023 22:40

Elmeux · 16/11/2023 22:38

We really need a diagram to offer any proper advice

I did one

SuellensResignationLetter · 16/11/2023 22:40

Have you had a look at the roundabout on Google maps? On the left lane, are there road markings to indicate you can only exit rather than continue around the roundabout?

CormorantStrikesBack · 16/11/2023 22:41

I think it sounds like blue cars fault. And the damage being to the side of you backs that up. My brother reckons insurance companies try and convince people to go 50/50 as it’s less hassle for them, they get your no claims, etc.

He told me once not to accept it and refuse the 50/50. I did argue it and in the end it was found to be the other persons fault. But my insurance company didn’t care and we’re unhelpful and just wanted me to accept 50/50.

coldcallerbaiter · 16/11/2023 22:41

As I see it, other driver has right of way, but roundabouts are a nightmare

BlueEyedPeanut · 16/11/2023 22:42

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 🤷‍♀️

That's why it's 50/50. You both could have taken action that would have avoided a collision. Her by being in the wrong lane and you for not observing the situation before exiting.

JesusMaryAndJosephAndTheWeeDon · 16/11/2023 22:42

Most roundabout claims go 50/50 because it is difficult to prove who is right or wrong

Peacheroo · 16/11/2023 22:46

@EarringsandLipstick there will be a point of no return where OP wouldn't be able to react and if the blue car was going anyway then OP is a sitting duck.

GrannyAchingsShepherdsHut · 16/11/2023 22:47

I think it depends on which of these happened.

Who should be liable for crash?
Who should be liable for crash?
Ohownnoe · 16/11/2023 22:48

This is what it seems like. I'm just more black and white maybe that if someone is driving in the wrong lane they are in the wrong not the other driver. The other person was the cause of the accident. I couldn't have avoided it anyway.

OP posts:
SheilaFentiman · 16/11/2023 22:48

I have redone the diagram and tried to grey out the “double cars”

Who should be liable for crash?
Ohownnoe · 16/11/2023 22:52

Peacheroo · 16/11/2023 22:46

@EarringsandLipstick there will be a point of no return where OP wouldn't be able to react and if the blue car was going anyway then OP is a sitting duck.

This is it exactly. I couldn't have avoided it

OP posts:
ThomasinaLivesHere · 16/11/2023 22:53

Where exactly did the car hit yours, was it near the back? I do think the other driver is more at fault.

TheCumbrian · 16/11/2023 22:55

@Ohownnoe could you screenshot a Google maps image of the actual roundabout

For example this is a local roundabout where a lot of accidents happen similar to what you have described - where people in the wrong lane and cut across to carry on round rather than exiting - mostly people not wanting to end up on the M6 by accident.

Who should be liable for crash?
GrannyAchingsShepherdsHut · 16/11/2023 22:56

OP, can you get a photo of the actual roundabout from Google maps (and cross out any road numbers etc if you want) so we can see the lane markings?

I expect because roundabout collisions are complicated to decide fault, that they are always 50/50. It probably costs the insurance co less than disputing it.

FrangipaniBlue · 16/11/2023 22:58

SheilaFentiman · 16/11/2023 22:48

I have redone the diagram and tried to grey out the “double cars”

This is how interpreted what happened, in which case OP is not at fault!

Ohownnoe · 16/11/2023 23:01

It is exactly like this and the way the arrows are on this image as it is. This is what happened.

Who should be liable for crash?
OP posts:
Judashascomeintosomemoney · 16/11/2023 23:06

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.

This! If it was a two lane entrance and a two lane exit, I don’t know how you were supposed to know she wasn’t exiting into the lane she had already take up position in 🤷‍♀️

Caggers · 16/11/2023 23:09

I would completely let this one go to court and wouldn’t accept 50/50, OP.

The other driver was in the wrong lane and hit your car. You can take all the care in the world but you can’t mitigate for a car that’s driving in the lane next to you suddenly moving out of that lane and hitting you.

FFSWhatToDoNow · 16/11/2023 23:11

I had someone do this (cut across me) on a roundabout. Thought about plowing into the side of them and letting my dashcam prove their mistake caused it but my instincts got the better of me at the last nanosecond so they just got a 5 second blast of horn at head height.

Half the population are comparatively shit drivers and you have to do the thinking for them.

Custardpudding · 16/11/2023 23:14

You were already on the island and had right of way. They must have jumped out without leaving space. They are wrong

Hubbabubbabubbaboo · 16/11/2023 23:16

Go to court in this instance op, I think the other driver will be found at fault.

PassMeTheCookies · 16/11/2023 23:17

Ohownnoe · 16/11/2023 23:01

It is exactly like this and the way the arrows are on this image as it is. This is what happened.

The blue car is definitely in the wrong. I don't know how anybody can claim otherwise. It worries me that these people are on the road!

You were on the roundabout first. They needed to have entered the roundabout in their right-hand lane to take their third exit, for the exact reason that they'd crash into someone if they were in the left wrong.

You need to argue this. You were absolutely not wrong if this diagram is what happened.

gooddayruby · 16/11/2023 23:19

Ohownnoe · 16/11/2023 21:51

But if they're in the incorrect lane and it's even marked on the road that they have to take the first or second exit but dont . Arent they actually crossing over my path?

No🙄

BeautifulBoy · 16/11/2023 23:23

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

We have a blue car. I sing this all the time. I drive myself mad!

Thepossibility · 17/11/2023 02:03

gooddayruby · 16/11/2023 23:19

No🙄

Yes they did

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