had a crash today :(

The_Banker_5

Seems to me like you were in a bit of a hurry. You should have stayed in the left hand lane.

You also should have checked your nearside mirror

Be patient not an inpatient.

cyclonebri1

peterbaker wrote: »

I think this may be where things started going wrong, don't you?

Be considerate to other road users, they might need your lane more than you figured before you monopolised it :rotfl:

I don't mean to be harsh, bb, but driving ain't never been an exact science, and we all make mistakes - sometimes they are embarassing, especially when we'd already thought out what the other guy might need to do next even before he has . Trouble is, if we're too quick thinking, we need to think two steps beyond the point when the other guy's penny drops confirming to him that he's in the wrong lane without a clue about what the quick thinkng guy alongside him just did (if you get my drift)

I am pretty sure the insurers won't be at all interested in arguing the toss on something like this.

Was he a nice old boy? Any marks on his forester?

!!!!! post peter if what the op said is true.

If both left hand lanes were marked for the A38 the op has a perfect right to take the outer one to pass the other vehicle on or after the roundabout

OP nailed it in the 1st post, get google maps, superimpose the cars and bobs a junkie:T:T

Pitlanepiglet

Did the accident occur as you were leaving the roundabout or while you were going around it?

If the former, did you check your nearside mirror or just assume that the car on the inside of you was taking the same exit?

The precedent case is Grace v Tanner which went 50/50 on the basis that the car in the wrong lane shouldn't have been there but that the car exiting the roundabout should have ensured that his path was clear to do so and not just assumed that his path was clear.

Crabman

If there were injuries (and it seems there were even if only minor) you have to report it to the police asap otherwise you may be guilty of an offence. The deadline for reporting it is within 24 hours of the incident.

Mips

Crabman wrote: »

If there were injuries (and it seems there were even if only minor) you have to report it to the police asap otherwise you may be guilty of an offence. The deadline for reporting it is within 24 hours of the incident.

I never reported it to police when someone bumped into me, but I did report it to the insurance company.

My injuries are minor but I still want my car being sorted out! Does this mean the insurance company wont do this because I never reported it to the police?

hothothot_3

bikingbarney wrote: »

i called the police but as there were no serious injuries they would not come out?

The police legally MUST come out if there is an injury.

As has been said, you did the right thing to report the accident and injuries as you are legally obliged to do so within 24 hours of the accident occurring.

bikingbarney

thanks for the replies.

i use this island all the time and have had no problems like this before.

i went to the middle lane as both lanes go straight over, only the lne i was in did you get the option to carry on round the island.

as i pulled off from the lights i stayed in my lane (which goes into the outside lane of the dual cariageway) indicated and checked my mirror i couldnt see hi due to the angle he hit my car at.

i was not in a hurry,sorry but i do not put the lives of my wife and children at risk by driving like a tit.

i fail to see how it can go 50:50 he told me he wanted to carry on round to the next set of lights and not take th exit he was in the lane for!!

he was to busy messing around with his sat nav imo

hothothot_3

bikingbarney wrote: »

thanks for the replies.

i use this island all the time and have had no problems like this before.

i went to the middle lane as both lanes go straight over, only the lne i was in did you get the option to carry on round the island.

as i pulled off from the lights i stayed in my lane (which goes into the outside lane of the dual cariageway) indicated and checked my mirror i couldnt see hi due to the angle he hit my car at.

i was not in a hurry,sorry but i do not put the lives of my wife and children at risk by driving like a tit.

i fail to see how it can go 50:50 he told me he wanted to carry on round to the next set of lights and not take th exit he was in the lane for!!

he was to busy messing around with his sat nav imo

Did he give you his name and address?

I was in a similar situation, a whiplash injury, used a no win no fee personal injury solicitor specialising in accident claims. You should not be out of pocket for anything. It is saddening the police did not attend, as they did in my situation, as they could have breathalysed him. It is boxing day after all, and idve hoped he had some drink in him. This would have helped even better for your insurance/injury claim. You should contact your insurance company if you havent already.

gsmmad

hothothot wrote: »

Did he give you his name and address?

I was in a similar situation, a whiplash injury, used a no win no fee personal injury solicitor specializing in accident claims. You should not be out of pocket for anything. It is saddening the police did not attend, as they did in my situation, as they could have breathalysed him. It is boxing day after all, and i would have hoped he had some drink in him. This would have helped even better for your insurance/injury claim. You should contact your insurance company if you haven't already.

I do not agree with the drink in him bit, because if the driver is driving under the influence this would have voided his insurance, and his insurance will have given trouble. However at court you can say it wasn't void at the point of accident so they may have been forced to pay.

bikingbarney You must look at negligence, your right he is in the wrong lane. However you have taken the exit out on the wrong lane yourself. You should have been in the left yourself and behind him. This accident would not have happened if you had done this. Apart from this you have pulled into his lane, and taken the exit without making sure he is not there. You have been very negligent, you haven't made sure he is taking the exit and also you have somehow lead yourself to believe it is fine exiting from the second lane. The road marking will even show only the left lane is for exiting. No where in the highway code does it say if ur sure the guy is taking the exit in the left lane, you can take it in the middle lane.

I don't mean to be rude to you or offend you in anyway but you are negligent and would be lucky to get 50:50! Imagine you are the third party, your new to the area you are going slow and you are in the exit you think you should be in and then realize you are not and decide to carry on in the roundabout and have not given any signals which indicate your wish to leave the roundabout. Then another driver drives into you because they just assumed what you are doing. You would think you are right because hes exiting from the wrong lane, and you have not used your indicators to indicate that you are exiting. IF it had happened to you, its very likely you would have been angry and you would have thought you were 100% not in fault.

Zanzibar

However you have taken the exit out on the wrong lane

No he didnt, thats the point - read it all again and look at the nice colour picture.

You should have been in the left yourself and behind him

What?, he didn't need to be. Do you actually drive? BOTH lanes are marked for the A38(N) exit.

The road marking will even show only the left lane is for exiting

Aghh, how hard is this? - LOOK at the picture, AGAIN. The middle lane has a double arrow indicating straight AND left. Good grief.

..and you have not used your indicators to indicate that you are exiting"

Where does it say that? I though I read:

"as i pulled off from the lights i stayed in my lane (which goes into the outside lane of the dual cariageway) indicated and checked my mirror"


Your comment on this is so odd that I'm guessing you are a learner or new driver with little experience of anything - including reading.

The thing is its scary. Say if you were on a jury - the innocent man would end up behind bars. Or maybe you could be a professional road traffic accident 'witness' - see if you can contact Barneys insurance company or better that old boys - maybe you know him! Ahh! - its all becoming clear..


Anyway, back in the real world I see this quite often at J9 on the M25 - people get confused and want to zoom past an exit in the outer lane; thing is there are no lights there. You had actually have clearly marked lanes there and lights. Is it his fault? yes, its pretty clear from what you say. Will you get all of it on his insurance? - hard to say. They (insurance companies) are very quick to go 50-50 these days without clear cause or admission as the other driver could simply say you pulled across him into his lane. So unless you can get him to admit again he was going around to a different exit you probably wont get anything better. Sad but true.