Both with same motor insurance - both to blame!

wishiwasarichgirl

further back on the red cars route you can see on the road that it is marked as A4010, so the red car should have gone off at that exit, it is more obvious if you look on a satellite photo

the red cars route effectively ends at that junction, and the blue cars route becomes the outside lane if that makes sense.

so sorry, definitely red cars fault.

amphion_2

Thanks for everyone help and comments!

About 60% of the cars exiting at that junction use the red route, so i was unlucky. The remainly 40% tend to cut across much further along, almost in the hatched area at the exit.

I've done a video on you tube under the username 'handycross' We drove around twice doing it both ways.

Buddug_2

Hi Ampion

Can't access the pdf (am on a works computer that won't allow access for some reason). But I sympathise with you, as I had someone reverse into my car last year and we were both with the same insurance company. Although I had CCTV which the insurers initially agreed showed the other driver was at fault, he then produced 'witnesses' several months later whose 'evidence' that I was at fault the insurers then chose to accept. The problem I had was that I'd had a hire car, which wasn't covered under my policy, so by putting all the blame on me the insurer was saved a few hundred quid in hire car costs.

If they've got to pay out whatever, I don't think they give a damn who is to blame, it's what's easiest/quickest for them. Totally unfair on you, but what do they care?

Inactive

In my opinion, you were in the right, you were in a lane, the car that hit you was changing lanes, it was he / she that should have checked it was clear to change lanes before moving over.

From official government website;

" Lane discipline
133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over. "

Clive_Woody

Inactive wrote: »

In my opinion, you were in the right, you were in a lane, the car that hit you was changing lanes, it was he / she that should have checked it was clear to change lanes before moving over.

From official government website;

" Lane discipline
133

If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over. "

I would tend to agree with you, if you change lane (cross the hatched line) it is your responsibility to make sure the lane you are moving into is clear and it is safe to move across. The road marking seem to suggest all three lanes continue round after the turn off for the A4010.

Even if you wanted to argue the OP had made a poor choice of lane it still doesn't excuse the other driver changing lane and hitting him.

A difficult situation regarding them both having the same insurers. How do you take yourself to court? I suspect this kind of thing (same insurers) must occur often enough so their must be some independent means of settling dispute.

TotallyBroke

If I was you I would appeal the decision and send them both your diagram and the one by jadzied and ask them to reconsider. Also where was the damage to both vehicles. If the damage is on your offside rear of the vehicle and their front nearside it would show you were in front of them so could look that they have driven into you. If it is on their nearside rear and your offside front then it could look like they were in front of you and you drove into them.
It's a bit like who is to blame when someone drives into the back of someone else. It is usually the person behind that is blamed.

minimike2

50/50 I think.

You were in the wrong lane but they should have been looking where they were going, so fault on both parts.

Quentin

Clive_Woody wrote: »

A difficult situation regarding them both having the same insurers. How do you take yourself to court?

If you want to pursue a third party via the court, then you issue proceedings against them (not "yourself" - or the insurance company).

Clive_Woody

Quentin wrote: »

If you want to pursue a third party via the court, then you issue proceedings against them (not "yourself" - or the insurance company).

But in this case where both parties are denying responsibility, but share the same insurer, what happens when they both dispute the decision of the insurer if the insurere wants to settle 50:50? Are you suggesting the insurers are taken out of the equation and the two parties issue proceedings against each other?

What then happens if they both have legal cover as part of their car insurance as generally this cannot be invoked unless the chances of winning are good (which when one insurer covers both parties somebody has to lose).

LadyIndecisive

I believe the insurer has the final decision to settle as best they see fit, unless the OP withdraws his/her claim, pays them back any repair costs they incurred and then wishes to take his/her chances in court should they issue. He/she can then counter-claim for their own repair costs, if applicable.