don't no what to do!

dooney

Hi, hoping someone can advise us!

My husband was travelling home on his motorbike last thursday, he was stationary at a red traffic light in the front of the queue on a roundabout. When the light changed to amber the crossing traffic on the roundabout was still moving, he waited for a HGV to pass, the traffic light was now green and yet he still had to wait for another car following the HGV to pass.
The road was now clear for my husband to proceed onto the roundabout, has he entered the first lane on the roundabout he was hit by a car travelling from the right. (i.e. must have come through red light).
The police where called by my husband and a incident number was given.

Now the fun starts!!!!!!!!

My husband contacted his insurance company to make a claim, and was told to pay the access of his policy.
When I came home i read a post on here to find he needed to make a insurance claim against the person who caused the accident. So he telephoned them to stop the claim, and my husbands insurance company advised us to seek solicitor. We had received free legal cover when taking out the policy with YOUR KEY, so my husband telephoned them and asked for them to make a claim against the person who caused accident. They have got back in touch to tell us the other party are not admitting liability so its best for us to go and make a claim on my husbands insurance.......
My husband is also off work due to his injuries sustained in the accident and the motorbike needs to be assessed for damage possible right off.

We are now unsure which way to turn in dealing with this claim
any advice would be much appreciated.

Many Thanks Dooney

lisyloo

Well I don't think the liability is as clear as you seem to think it is.

You don't know whether the lights were working, you are simply assuming the other person came through a red light.
On a roundabout it's up to your husband to give way to traffic coming from the right.

So it's not totally clear who is at fault here.

The normal process is that your husband initially claims through his own full comp insurance. For this there will be an excess to pay.

If it is proven the other party is 100% liable, then the money will be recovered from the other insurer and your husband can get his excess back and compensation for his injuries.
Quite often there are no CCTV cameras or witnesses and the other person can tell a different story (their light was green?) and then the liability goes differently.
As you are meant to give way to the right on a roundabout then that would unfortunately point towards your husband being at fault.

I had a friend knocked of his bike but someone apparently going through a red light. There were 6 witnesses - 2 for, 2 against and 2 abstaining, so it went 50/50 even though he says his lights were green.

Sorry if that's not what you want to hear, but I don't think you have any proof that the other light was red and the car driver had right of way on a roundabout.

dooney

Thanks for your reply, at the scene when the police arrived my husband gave an account of the accident as stated above not once did the other driver deny going through the red light to the police officer, they apologised and asked not to go through the insurance company if there was minimal damage to the bike. However this is not the case it appears there is major front end damage.

dooney

After doing a bit of research looking at highway code, I believe my Husband was following the highway code section 185 states:
185

When reaching the roundabout you should

• give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights

however there is still the fact we are assuming (but she never denied the fact to the police officer) the driver went through a red light as my husband and other drivers proceeded to move on green light with clear road.

gordikin

Yes, she didn't deny she went through a red light...can we also assume she didn't admit it either...if so, good move! There wasn't a clear road...there was a car coming, perhaps at a speed that would make you think 'this car isn't going to stop'? Are there any witnesses?

lisyloo

It's not really up to us to decide the liability on here without the facts.

The fact is that she's not admitting liability so it's going to take a long time to sort out (probably months).

If your husband does not mind being without his bike for months then wait for it to be settled, but if he wants his bike back on the road short term then you'll need to claim off his insurance.
It's the only policy that will pay out short term.
Her's won't pay until liability is settled which will be many months.