Both with same motor insurance - both to blame!

amphion_2

I have recently been involved in a collision with another car on Junction 4 Handy Cross roundabout of the M40.

Both the 3rd party and I are with Direct Line. As result I feel that they have not considered by case very well. They are agreeing with the 3rd party that I was also to blame as i was 'in the wrong lane'

Please take a look at the attached and let me know what you think, and what can I do if I disagree with my own insurance company!

Thanks, Andrew


http://cid-47699ee72d7383b6.skydrive.live.com/embedrowdetail.aspx/Public/HC.pdf

tinkerbell84

Couldn't you provide a more complicated picture?

I can't make head nor tail of that!

Can't tell who was where or what happened.

lisyloo

Did you have any witnesses?

If you have no witnesses and both people argue then it one persons word against another.
Without any totally compelling forensic evidence then no company will take this to court and will simply decide it's 50/50.
It costs a lot less overall and ultimately keep premiums down (your included).

I'm sorry if that's unsatisfactory (I completely understand that) but it's the way all insurance companies work.

So is there any compelling evidence on your side or witnesses? that you would be willing tostake thousands of pounds to go to court for?

PeterPan001

Were you in the wrong lane as they suggest?

Did you take pictures?

As lisyloo said, without evidence or witnesses unfortunately you have no strong ground.


P.S. Some posters are so rude in this forum:mad:

jadziad

As I have time to kill, I made a pretty 3D version of the PDF:
http://farm4.static.flickr.com/3399/3303934213_4d315b3a17_o.jpg

tinkerbell84

jadziad wrote: »

As I have time to kill, I made a pretty 3D version of the PDF:
http://farm4.static.flickr.com/3399/3303934213_4d315b3a17_o.jpg

Much better, thank you.

I can see why it may go 50/50.

xpf

Surely they moved across on you.

MarkyMarkD

I can't. It seems obvious that the OP was in the correct lane, and the third party was not. There is only one exit lane in the direction the OP was going, and they were in the lane which clearly leads into that exit lane.

tinkerbell84

MarkyMarkD wrote: »

I can't. It seems obvious that the OP was in the correct lane, and the third party was not. There is only one exit lane in the direction the OP was going, and they were in the lane which clearly leads into that exit lane.

While there are no markings to suggest that the left hand lane should exit at the 1st exit, I can see why you might expect them to.

But yes, after that exit it seems that TP was in the wrong.

dacouch

I can also see why they are thinking its 50/50, the third party would not have been able to see your near side indicator and is likely to have assumed from the lane you chose that you would turn off. You have not turned off and have assumed he/she would stay in their own lane.

The other driver could also be saying you turned into him / her

It would be a difficult case to argue, if you had independent witnesses it would help your case a little.

Sorry if its not the answer you wanted.

Sometimes pure accidents do happen and this looks on the face of it to be a 50/50

If you have any other evidence put it up as it may help

PasturesNew

(from the jpg)
The blue one changed lanes. Red one was minding their own business.

Hang on though, looking at the starting point, there's no arrow in the red one's starting lane,
tricky without knowing where everybody was in the 30 seconds up to there.

I can see how the red one might have been expected to go straight on...

Needs local knowledge really, signage etc.