Insurance company - taking the mick? Opinions please!

katebl

Hi all,

Thought I'd post here as opposed to the insurance board as my main question has more to do with motoring but I would like some opinions please... I already have another thread describing the damage to my sister's car (which we have decided is not worth repairing due to the cost and safety implications) but I wanted to discuss views on liability. Please bear with me if my explanation is long.

My sister was coming down a hill and missed a slip road to take a left turn onto the a127 from the a130, (known locally as the Fairglen junction) so once the slip road had passed (it is split off from the rest of the lanes by a white marked section to show cars should not go alongside each other and for the purposes of explanation I have termed this the 1st lane), she approached the roundabout in the 2nd lane of a four lane approach. She moved off, signalling left after seeing her path was clear, and took the left turn onto the a127 towards London, at which point she was hit by a car in the passenger side, at speed, which has written her car off.

The driver of the other car said he was travelling straight ahead, so straight over the 4 exit roundabout. Based on the google streetview, which shows the 2nd, 3rd, and 4th lanes as all having stright ahead arrows marked on the road, the insurers have said she was at fault as she was in the wrong lane to make a left turn.

HOWEVER, I have visited the approach to the roundabout, and the reason the three lanes are all marked straight ahead is because on the approach is a road sign stating the 2nd lane is for "all other routes", and the third and fourth for the A127 - i.e. the opposite direction, Southend. Surely "all other routes" encompasses not only straight ahead, as well as left turn only, otherwise it would say "No left turn" or straight ahead only?

Also, the car that hit her must have been in the slip road and driven over the separating markings to go straight over so that she could cross his path (if he had been in the 2nd lane he would have hit the back of her car as opposed to side-on surely), but seeing as she was already on the roundabout, travelling in what appears to me as the correct lane, and it seems to me it was him in the wrong lane, can anyone see why I think she is being taken for a ride?:mad:

The police were called, but I'm not sure if there was a police report, if there is are we entitled to see it?

I feel my sister's naivety is being taken advantage of here and the lack of investigation is not in her favour - should I just let them get on with paying out the claim or does anyone feel she has grounds to appeal?

Apologies for the lack of photographs, any more info needed please ask.

Thanks in advance.

maninthestreet

Unless signs or road-markings state otherwise, the inside lane (lane 1) should be used for turning left off a roundabout (i.e the first exit following entry to the roundabout). Can you provide a google streetview link??

Hammyman

She's at fault. L2 and up clearly show no left turn.

http://maps.google.co.uk/maps?q=fairglen+junction&ie=UTF8&hl=en&hq=fairglen+junction&hnear=&ll=51.585803,0.565667&spn=0.00688,0.01929&t=h&z=16

katebl

Thanks for the link Hammyman,

Sorry my version of adobe at work isn't good enough to view it in streetview, just to make sure are you talking about the small 3 exit roundabout at the bottom as the accident took place on the larger 4 exit roundabout at the top right?

Also current signs at the roundabout say 'new road layout ahead' so I would need to see it in case it showed old layout - may have to wait until I get home

sebdangerfield

maninthestreet wrote: »

Unless signs or road-markings state otherwise, the inside lane (lane 1) should be used for turning left off a roundabout (i.e the first exit following entry to the roundabout). Can you provide a google streetview link??

Can't comment on the OP's question without a picture but the above is incorrect. Lane 1 is used for exiting a roundabout in lanes at or before 12'clock unless otherwise marked.

Shown in picture halfway down.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070338

sunshinetours

I know the area well. Do you mean the A130 travelling from Benfleet/Canvey area towards Carpeneters Arms? The junctionroundabout you mean goes under the A127

If so then lane 2 as you approach the junction becomes lane 1 as such, at the actual roundabout so if you missed the A127 slip road then you would use the "lane 2" to turn left to re-join the slip road I would suggest. Cannot remember what the markings are on the road however. Noone would be coming up your inside in lane 2, as you say they would need to be on the hash markings, unless we are missing some info here

The goodle streetview link shows the old layout not the new. there is an extra lane now on the far left separated from the otehr three lanes as a designated slip road (which is lane 1 that I am talking about)

sunshinetours

Hammyman wrote: »

She's at fault. L2 and up clearly show no left turn.

http://maps.google.co.uk/maps?q=fairglen+junction&ie=UTF8&hl=en&hq=fairglen+junction&hnear=&ll=51.585803,0.565667&spn=0.00688,0.01929&t=h&z=16

Old map - so she she probably isn't at fault if you read my other post. Road layout has changed

katebl

Yes sunshinetours, that's exactly where I mean - thankyou so much for your reply. The insurance company are going by the same google streetview (outdated) as must have been posted - which angers me as they've obviously not done any proper investigation.

Do you think I should video the new layout of the route and show it to them - is this worth arguing?

maninthestreet

sebdangerfield wrote: »

Can't comment on the OP's question without a picture but the above is incorrect. Lane 1 is used for exiting a roundabout in lanes at or before 12'clock unless otherwise marked.

Shown in picture halfway down.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070338

So, in the specific instance related to this accident, lane 1 should have been used for the left turn in question, not lane 2 (assuming
google streetview is up to date.).

orlao

I know that junction well - there are 4 lanes in the new lay out.

If you are approaching from A130/A1245

L1 is left hand turn only via a slip road to A127 Basildon/London bound.
L2 is straight on only to The Carpenters Arms junction - no left turn
L3 is straight on OR right hand to A127 Southend bound
L4 is right hand turn only to A127 Southend bound

The only reason that there is a dual lane on the A127 London bound slip is to allow existing traffic coming round the roundabout to exit there without interfering with the traffic coming off the A130/A1245. There is no left hand turn from L2 at that junction IMHO.


It's clearly marked on road signs, tarmac markings and the new layout warning signs......

Sorry

katebl

orlao wrote: »

I know that junction well - there are 4 lanes in the new lay out.

If you are approaching from A130/A1245

L1 is left hand turn only via a slip road to A127 Basildon/London bound.
L2 is straight on only to The Carpenters Arms junction - no left turn
L3 is straight on OR right hand to A127 Southend bound
L4 is right hand turn only to A127 Southend bound

The only reason that there is a dual lane on the A127 London bound slip is to allow existing traffic coming round the roundabout to exit there without interfering with the traffic coming off the A130/A1245. There is no left hand turn from L2 at that junction IMHO.

Sorry

Thanks orlao,

The green sign on the approach down to the roundabout states for lanes 3 & 4 A127 - Southend (which is the right turn), however for lane 2 it is worded 'any other route' - surely if it was straight over only it would specify?

This sign is just before the small layby tails off into the road - I stopped and took a picture last night however I don't know how to post it on here!