Page 4 | Who should be liable for crash?

Ohownnoe · 2023-11-16T20:09:12+00:00

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 🤨

Somewhereoverthersinbowweighapie · 17/11/2023 02:15

You had no way of knowing she wasn’t going to turn. It’s her fault

OnAir · 17/11/2023 02:32

You drove into her and didn't check your mirrors before exiting?

sandyhappypeople · 17/11/2023 02:44

All you need to know is that the insurance companies don’t care, they just want to go the path of least resistance, so 50/50 is the easiest way for them, if you’re 100% sure there was no fault from you (double check the island and road markings on Google earth) then fight it.

have you got protected no claims?

sykadelic · 17/11/2023 03:06

OP - them accepting 50% probably has to do with a few different things, Most likely there's no evidence (no witnesses, no police report, no surveillance), and the other party has claimed you cut her off. It's essentially word vs word and paying 50% is better than nothing.

Original poster

Ohownnoe · 17/11/2023 04:28

sykadelic · 17/11/2023 03:06

OP - them accepting 50% probably has to do with a few different things, Most likely there's no evidence (no witnesses, no police report, no surveillance), and the other party has claimed you cut her off. It's essentially word vs word and paying 50% is better than nothing.

The best part of it all is they accept that they were travelling in the wrong lane and didn't take the correct exit. They claim you can drive around the roundabout as many times as you want in that lane and other road users must avoid them! So even when they cause a crash I couldn't have avoided it's still apparently half my fault....doesn't make sense to me.

OP posts:

Original poster

Ohownnoe · 17/11/2023 04:29

sandyhappypeople · 17/11/2023 02:44

All you need to know is that the insurance companies don’t care, they just want to go the path of least resistance, so 50/50 is the easiest way for them, if you’re 100% sure there was no fault from you (double check the island and road markings on Google earth) then fight it.

have you got protected no claims?

No I don't have protected no claims so they will be making their money all back and more from me so win win for the insurance companies!

OP posts:

thelonemommabear · 17/11/2023 04:55

I could be wrong but I'm sure in my mind that I was told when learning to drive it doesn't matter if it's a two lane roundabout exit / if you are coming off at the exit you should always indicate and move over so that you exit on the left hand lane in which case you were wrong as well

thelonemommabear · 17/11/2023 05:01

Yes looking at Google you should only use both lanes to exit when the exit is exit 3 - you should have moved over to the left lane to exit although she was also in the wrong and should have been on the inside lane and then moved over to the left to exit

Peacheroo · 17/11/2023 05:24

thelonemommabear · 17/11/2023 05:01

Yes looking at Google you should only use both lanes to exit when the exit is exit 3 - you should have moved over to the left lane to exit although she was also in the wrong and should have been on the inside lane and then moved over to the left to exit

Op doesn't need to move over to the left until safe to do so which it wouldn't be if the blue car was there.

KingofCats · 17/11/2023 05:38

If you do dispute it and go to court you need a top notch diagram without any extra cars in the wrong place

CormorantStrikesBack · 17/11/2023 06:46

thelonemommabear · 17/11/2023 04:55

I could be wrong but I'm sure in my mind that I was told when learning to drive it doesn't matter if it's a two lane roundabout exit / if you are coming off at the exit you should always indicate and move over so that you exit on the left hand lane in which case you were wrong as well

I don’t think that’s right and if it is right I’ve been doing ro7ndabouts wrong for 30 years (possible). On a two lane entry and exit roundabout I don’t see the need to move over. There might never be space in the left lane to do so and you can’t park up in the roundabout and wait for a space?

CormorantStrikesBack · 17/11/2023 06:47

OP do you have legal cover as part of your insurance? If so I think you can invoke this and ask for legal advice.

CormorantStrikesBack · 17/11/2023 06:49

It’s a shame in a way you didn’t get a minor injury such as minor whiplash as then you could employ a personal injury solicitor who would then have a vested interest in fighting this for you on a no win, no fee basis.

Peacheroo · 17/11/2023 07:00

CormorantStrikesBack · 17/11/2023 06:49

It’s a shame in a way you didn’t get a minor injury such as minor whiplash as then you could employ a personal injury solicitor who would then have a vested interest in fighting this for you on a no win, no fee basis.

Her insurance should be fighting this on her behalf. They will be the ones paying out if they don't so they very much have a vested interest.

SheilaFentiman · 17/11/2023 07:04

Peacheroo · 17/11/2023 07:00

Her insurance should be fighting this on her behalf. They will be the ones paying out if they don't so they very much have a vested interest.

Show quote history

Yeah, but I’m guessing that a few k recovered for the damage to Red car if it goes 100/0 rather than 50/50 isn’t worth the cost and time for op’s insurer of fighting it.

Peacheroo · 17/11/2023 07:09

I dunno. Agree and disagree. The cost of even minor repairs is extortionate via insurance nowadays so whilst I think you're right it's probably loads of money they will save but maybe pocket change in their grand scheme. Really on the fence there 😬

I used to work in insurance but never dealt with this situation. I'm racking my brains as to if anything was ever said.

Original poster

Ohownnoe · 17/11/2023 07:35

CormorantStrikesBack · 17/11/2023 06:47

OP do you have legal cover as part of your insurance? If so I think you can invoke this and ask for legal advice.

I have asked legal advice already and they said to pursue it as the due care was mostly on the person when they were driving in the incorrect lane and I couldn'thave avoided it. However the insurance company said they won't do it and it will be down to me to bring it to court and they will only give me back REASONABLE costs if I win.

OP posts:

Original poster

Ohownnoe · 17/11/2023 07:39

Peacheroo · 17/11/2023 07:00

Her insurance should be fighting this on her behalf. They will be the ones paying out if they don't so they very much have a vested interest.

Show quote history

They probably don't want to because most of the damage and cost was to my car. They had a bigger vehicle and didn't even break a light light! So they will get their money back from them and then I'll pay the rest over the next few years to them with the increased cost of my insurance 😒

OP posts:

NotObligedToArgueWithStrangers · 17/11/2023 07:50

If it was a two lane exit, she crossed lanes to stay on the roundabout as you were exiting in the correct lane. I would say it's her fault too. However without witnesses or evidence, it's incredibly annoying but I'd probably accept 50:50. Totally not fair of course. This is why I have a DashCam as careless idiots get away with stuff like this all the time.

Peacheroo · 17/11/2023 07:50

Your premium will increase regardless of fault. The only issue here is saving your excess.

thelonemommabear · 17/11/2023 08:32

If you choose to exit in that lane - when no road markings absolutely confirm you can exit that way - then convention and best road practice is really that you should have moved over to the right lane - at the very least because whether she joined before or after you cars travel at different speeds - you cut in front of her car when you failed to adequately and safely follow mirror signal manoeuvre - thereby cutting infront of her? That's why you have culpability?

AnneElliott · 17/11/2023 08:44

I think the other driver was in the wrong. On a roundabout like that they can't turn right if in the left lane.

Rainbowshit · 17/11/2023 08:47

My mum was the blue car in a similar accident and the insurance company found the red car to be at fault because they changed lanes.

Not sure I agree but that's what happened.

Shroedy · 17/11/2023 08:54

thelonemommabear · 17/11/2023 08:32

If you choose to exit in that lane - when no road markings absolutely confirm you can exit that way - then convention and best road practice is really that you should have moved over to the right lane - at the very least because whether she joined before or after you cars travel at different speeds - you cut in front of her car when you failed to adequately and safely follow mirror signal manoeuvre - thereby cutting infront of her? That's why you have culpability?

If the road markings and lane layout are as OP says they are, though, there would be no signal or manoeuvre as you can come off from the right lane without needing to move into the left. On a single lane entry and exit (even if roundabout is itself two lanes) you would have to move into the left lane to exit and you'd be right.

Givejimmybluntachance · 17/11/2023 09:51

You can't just drive into somebody. You can only change lanes if there's is space for you and it is safe to do so. You can't just ram somebody out of the way because you think they should have left the roundabout. I be don't think it is 50:50. In think it was your fault.