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Car Accident - Who's At Fault?

rockgeek
rockgeek Posts: 21 Forumite
Basically on a roundabout with 3 lanes. I was in middle lane with road markings for M5(N) and M5(S). The lane to the left of me was for M5(N) only.

I was about to go onto the ramp for the M5(N) whilst indicating and staying within my lane when the car to the left of me went into the side.

This was literally as soon as I was about to go onto the ramp so had to stop on the ramp and not the roundabout itself.

I was slightly in front of the car hence why their front right corner scuffed my passenger door.

Insurance company have passed it onto the "joint claim" department but for the life of me, I can't see how this could be my fault.

At the time, the other driver said I was in the wrong lane. We turned around and I pointed out the road markings which showed me in the correct lane and her in the wrong lane. I then said she shouldn't be undertaking me but at that point I said it was best to leave it to insurance

Any opinions would be most grateful just to confirm/deny my thoughts

Thanks,

RG

P.S. I have pics but can't add to this post unfortunately
«13

Comments

  • davetrousers
    davetrousers Posts: 5,862 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Both parties submit their 'stories' to their respective insurance companies. The insurance companies then decide who is at fault.

    Simple as that!
    .....

  • rockgeek
    rockgeek Posts: 21 Forumite
    Yup, I understand this but just to feed my curiosity, I'd like to know what others think...

    ... I really don't want this to be 50/50 considering I believe that I am nowhere at fault
  • skiddlydiddly
    skiddlydiddly Posts: 1,005 Forumite
    How many lanes were on the ramp you were exiting to?Was she coming off on the same exit or going around?
  • rockgeek
    rockgeek Posts: 21 Forumite
    edited 23 June 2010 at 5:06PM
    There are two lanes. She was in a lane clearly marked for M5(N) and I was in a lane marked for M5(N) and M5(S)

    She was going around the roundabout it seemed at the time. I didn't ask because it seemed obvious at the time that there would be no other reasons to do what she did

    If anyone wants to google maps this, it's "Junction 2, M5, Oldbury" and the accident happened around where the (2) of "Junction 2" is

    I have pics of the location if anyone can add them?
  • mrbadexample
    mrbadexample Posts: 10,805 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Photogenic
    Both parties submit their 'stories' to their respective insurance companies. The insurance companies then decide [STRIKE]who is at fault[/STRIKE] that both parties are equally to blame and should go 50/50.

    Hence both sets of premiums up the following year. :whistle:
    If you lend someone a tenner and never see them again, it was probably worth it.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If I've got the correct point on Google, then her lane would have been clearly marked as M5(N) for at least two road markings before the ramp. Personally I would agree that she was in the wrong - either she wasn't paying attention, or had got "boxed in" to that lane when she didn't want to be there.

    Just my opinion, mind.
    :heartpuls Mrs Marleyboy :heartpuls

    MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote

    :) Proud Parents to an Aut-some son :)
  • rockgeek
    rockgeek Posts: 21 Forumite
    If I've got the correct point on Google, then her lane would have been clearly marked as M5(N) for at least two road markings before the ramp. Personally I would agree that she was in the wrong - either she wasn't paying attention, or had got "boxed in" to that lane when she didn't want to be there.

    Just my opinion, mind.
    It's amazing how beneficial it can be when strangers on forums agree with you though :j

    I believe the road markings have actually improved since pics were taken

    Thanks
  • Apples2
    Apples2 Posts: 6,442 Forumite
    rockgeek wrote: »
    We turned around and I pointed out the road markings which showed me in the correct lane and her
    ...

    nuff said, of course she was wrong. Anyone known a woman admit a mistake??

    Probably doing her make up and not paying attention.
  • rockgeek
    rockgeek Posts: 21 Forumite
    tbourner wrote: »
    Here:

    ??
    Almost... we were just coming onto the roundabout, so left of where "you" are in that street view
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