Car accident on mini roundabout

cdrgold

So the fact that they were speeding and the cut straight over the top of the roundabout doesnt matter to the insurance companies?

Inactive

cdrgold wrote: »

So the fact that they were speeding and the cut straight over the top of the roundabout doesnt matter to the insurance companies?

It is simply because they will get 2 sides of the story, each will be different, they cannot make an absolute decision on fault attribution so they will award a 50/50 decision in most cases.

Viper_7

The speeding issue doesn't seem to have much clout. One didn't give way to the speeding car - and pulled out on them.
Same for a normal T-junction.

You said yourself you didn't anticipate their speed. so really you didn't look properly, more a glance?

Even if they are doing a ton and you pull out, it's your fault, you caused the accident.
Sure the police can come down on them for speeding/poor driving etc, but the person pulling out caused the accident.
As said it's half and half really so does usually end up being 50/50

cdrgold

the way i see it though, they caused the accident by not noticing me ON the roundabout. Im sure this means i have right of way as i was there first (please note i didnt race to be the first one there, i slowly pulled out and was well into the turn when they hit.

Just got off the phone from the insurance, they said it is most likely 50/50 (the easy option for them!). I think im going to take this all the way as i genuinely feel that this is not one bit my fault

dieselhead

I have to say I think the best result you can hope for is 50/50, from the way I have understood this it does seem to me that there is blame on both sides. Even if the other car had been speeding really you should have given way to the car approaching from the right, and he in turn really should have seen you and slowed. So I do think that 50/50 will be the best outcome.

cdrgold

hmmm well thanks for all your thoughts guys, its with the insurance company now so only time will tell!

DaveF327

So far, there are many posts about priority at roundabouts, some rather confused.

The truth is, you must give way to traffic from your right at a roundabout, including mini roundabouts. It is not strictly true that you "give way to traffic already on the roundabout (regardless)" as some posters have put. Check the wordings in the current highway code http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070338 and show me where it says this. If anyone is quoting from a pre 1980 highway code, then it's time you checked the new one. The direction matters, so if you pull out in front of a car on your right, then you're at fault even if you were "already on the roundabout" for that split second prior.

One of the skills of observation at a junction is to judge the speed and distance of approaching traffic. Even if the other driver is "wrong" by speeding, it is your responsibility to judge that risk and stay put until the danger has passed. Although it could be argued that the fast driver should have seen the developing hazard and taken some action to avoid or lessen the impact, the fact remains (and can be proved) that the OP did not give way to traffic from the right at a marked mini-roundabout. The speed cannot be proved as everyone's opinion varies and any report of the speed is just that - an opinion.

Sorry to be the bearer of bad news, but it sounds like the OP is likely to take most (if not all) of the blame when the insurance company sorts it all out.

cdrgold

Well when i say the car was a distance away, i really do mean they were far away, if they hadnt been speeding you could of got two cars out and around the roundabout. Even so, at the speed they were travelling at they had plenty of time to slow down and avoid hitting me, however they carried on at the same speed and they did not navigate around the round about thus crashing into the side of me. If a car went straight over a full size round about and crashed into the side of someone would it be the other drivers fault?

DaveF327

cdrgold wrote: »

So the fact that they were speeding and the cut straight over the top of the roundabout doesnt matter to the insurance companies?

Travelling at speed, no. Cutting straight over the top, possibly. Passing around the centre circle with the circle on your right is a legal requirement, so this is the extent that the other driver can be proved to be in the wrong. That doesn't reduce your liability in failing to give way to traffic from your right. Remember that in some limited circumstances, drivers can encroach onto the centre circle. The highway code explains this.

If a car went straight over a full size round about and crashed into the side of someone would it be the other drivers fault?

That's immaterial, I'm afraid (besides being highly unlikely). The insurance company can only consider the circumstances of the junction in question. How good was the view? Did you look once, then pull out like the guy in this video? http://www.youtube.com/watch?v=lsJs4AYa8sU Did you look again as you started to creep forwards? Did you see the car early and brake safely or just think, "sod it, i'm going"? These are questions the insurance company would consider when apportioning blame.

cdrgold

Well this is a proper mini round about which even buses which are planning to go straight on, are able to drive around the circle. There was a wall to the right handside which obstruction your view up the road. so i had to pull out slowly onto the roundabout (while looking right) in order to get a view down the road, when i saw the car at a the distance i carried on as i was already over the line. however my slow speed for making the turn and their speeding caused us to meet