Car Accident - Who's At Fault?

tbourner

There only seems to be 2 lanes in the bit you're talking about (if I got the right location in the link above).

Looking backwards, you can see the lane she was in has a sign for M5(N), but the arrow is confusing saying she can turn left or go straight on (around the roundabout) - then the lane directs straight up the sliproad with no option to go around.
http://www.google.co.uk/maps?ie=UTF8&ll=52.493125,-2.019376&spn=0,0.006845&z=18&layer=c&cbll=52.493017,-2.01963&panoid=cqzf-CoNBrp8teODKKCF4Q&cbp=12,208.48,,0,19.46



//edit: OK scratch that, I see where you are now. I thought you said you were ON the roundabout!
Her lane still goes nowhere except left up the sliproad. You were in the right, she is 100% at fault.

IMO.

rockgeek

Cheers everyone... I was coming onto the roundabout at that point. If looking in "normal" view, it is the A4123 which is just off horizontal so straight road, then roundabout for all of 20 metres then ramp to motorway

I say "on the roundabout" as it was a roundabout for about 20 metres - ha!

geordieracer

I know this roundabout and have seen it happen once or twice to others.. Your definatly in the right as her lane is dedicated for the slip road up to the roundabout

rockgeek

Cheers people.... geordieracer, unlucky you!

I have been using this for over 4 years now and managed it fine so far. I can never get into that side lane (the one she was in) as that's traffic from Oldbury and I'm coming from Quinton/Birmingham direction.

I just can't believe the stuff she came out with when we stopped!!!

mrbadexample

Have you asked your insurer for a copy of her statement? You'll probably find that it's markedly different to yours.

rockgeek

mrbadexample wrote: »

Have you asked your insurer for a copy of her statement? You'll probably find that it's markedly different to yours.

No, but I will ask tomorrow.

Not sure what she could say that could be so different that would fall within the realms of reality

I was going onto the M5(N), same lane, like I have done every weekday for the past 4 years... dunno, just baffling

Good call though, will ask

mrbadexample

rockgeek wrote: »

Not sure what she could say that could be so different that would fall within the realms of reality

It doesn't have to fall within the realms of your reality. It has to make it look like it wasn't her fault.

I've had the situation before, going up the sliproad to M6 south J9, where a driver changed lanes straight into the side of me (he managed to sound his horn throughout the manoeuvre, but couldn't apparently control his direction :mad: ). His report to the insurers said the accident happened on the roundabout at the bottom of the junction, and that I was in the wrong lane & cut him up. I had accurately documented the accident site, backed up with photographs and measurements, but the insurers just weren't interested. It was a long time ago, and if I knew then what I know now, I'd have taken it to court.

Hopefully, your situation will be resolved without further hassle.

rockgeek

Cheers - I am documenting what I can from Google and will take some snaps this evening of the improved road markings

Evilm

I've seen it before that the person whose car was behind the other (so hers) would be called at fault even if people aren't using the right lanes.

Wait and see what the insurance companies say but I can't see it going her way.

From previous posts it seems like she was trying to go all the way round the roundabout from the left lane which is slightly insane and I can't see that she has a leg to stand on!

spiro

I had the same thing on a roundabout at the bottom of the M10. Spoke to a laywer when insurance said 50/50 and he said that the markings approaching a roundabout are not worth the cost of the paint. Case law says she should have checked before contining round the roundabout and I should have checked no on was along side me and likely to carry on round.

In this case lane 3 is marked for M10 (3rd exit from roundabout), lane 1 is marked left only )1st exit) and I have seen cars/lorries in lane 1 go onto the M10.