Direct Line Claim Help!!

Katie68

Help need Advice;

My Husband had an accident in the family car on Thursday 29th July. He was travelling straight on at a round-a-bout and was hit by a driver in the left hand lane who was trying to take the 3rd or right exit, there were no witnesses.

Direct Line have advised us that basically it's going to be 50/50 because my Husband entered the LH Lane therefore cutting into the other drivers Lane and it is my Husband's duty of care to make sure the exit was clear. I have tried to reason with them because according to our 20 years or more driving experience and the High Way Code the left hand lane is used for left turn or straight on, if not sign posted differently. My car was some 5-6 feet in front of the other car when my Husband tried to leave the round-a-bout, he could not have turned his head far enough round to see the other car before it hit my passenger door.

I am getting more and more frustrated with them because I don't feel they are fighting our case. I have sent a letter of complaint but now don't know what to do or where we stand.

Katie68

dunstonh

My Husband had an accident in the family car on Thursday 29th July. He was travelling straight on at a round-a-bout and was hit by a driver in the left hand lane who was trying to take the 3rd or right exit, there were no witnesses.

The going around roundabouts on the outside is becoming increasingly common. Its a pet hate of mine as we have a very large roundabout near us that is quite fast and busy and you often get people doing that.

Direct Line have advised us that basically it's going to be 50/50 because my Husband entered the LH Lane therefore cutting into the other drivers Lane and it is my Husband's duty of care to make sure the exit was clear. I have tried to reason with them because according to our 20 years or more driving experience and the High Way Code the left hand lane is used for left turn or straight on, if not sign posted differently. My car was some 5-6 feet in front of the other car when my Husband tried to leave the round-a-bout, he could not have turned his head far enough round to see the other car before it hit my passenger door.

It seems harsh as you are correct. You shouldnt go more than 180% in the left lane unless road allows it. However, if it was the type of roundabout with lanes on it then there is a duty to make sure the lane is clear before moving across.

I don't know if you could argue back that technically by him going more than 180% degrees around the roundabout that he entered your lane.

To be honest though, I think their response is more down to lack of witnesses and being his words against yours and no-one to back up either party.

Ian_W

Unless it's really obvious, like someone failing to stop for traffic on the roundabout, then I think it's quite difficult to be absolute about blame without knowing the road layout on roundabouts. Perhaps insurer's claims handlers feel that way too?

In respect of the entry to the roundabout, is that 2 lanes? Also is the exit your husband tried to take also 2 lanes? If it is then I think you're right to continue to argue with DL as, IMO, the driver on the inside lane should have entered the roundabout in the outside lane if turning right and should have been indicating right. Your husband, again IMO, was entitled to use the outside lane to go straight across.

If the entry was single lane and particularly if the exit was also single lane then I think it's less clear cut. The other driver was in the wrong lane but could have assumed your husband was also turning right having used the outside lane. In addition, had the other driver been going straight on, dependant on the speed, your husband 5-6ft in front would have cutting in sharply perhaps to the point of cutting him up.

My car was some 5-6 feet in front of the other car when my Husband tried to leave the round-a-bout, he could not have turned his head far enough round to see the other car before it hit my passenger door.

This sounds rather facetious, but it's not intended to be. Isn't that why we have mirrors? Was the other guy signalling right or did your husband just not see him until the accident happened? Was your husband signalling left before he moved across?

Like the previous poster, if the other side deny liability, without witnesses I doubt the insurers are going to fight if there is doubt that the other driver is solely to blame. Sorry, if it's not all what you wanted to hear and it is only my opinion.

Katie68

Hi, there are two lanes on, around and off the roundabout, the other driver did not signal at all, my husband was signalling to take the 2nd exit after passing the 1st exit. He didn't see the other driver because he was too far in front of the other car which hit the passenger door of our car.

The concern I have is that the Direct Line CS offer no support at all and I am starting to see why some people don't bother taking out insurnace at all.

StephenMarsh

The problem you have Katie is as the other 2 have said is a lack of witnesses. Without any witnesses it becomes your word against his and unless he is admitting it was his fault which is unlikely you have a stand off with 2 people giving there own version of events and noone to corobarate either story. An independat judge would have no option but to grant 50/50 and insurance companies no this so there is little point in taking it that far.

It is harsh but a reality im afraid. You have insurance in place so your car will be fixed and thats the benefit you see directly in this circumstance without getting into the other ins and outs of why you need insurance.

Badger_Lady

Sorry to say it Katie but I really think 50/50 sounds fair. I did my driving test 6 years ago and vividly remember the requirement to check your left wingmirror and blind spot before turning off a roundabout. If your husband had done that, he would have seen the other driver and acted appropriately to avoid the accident. It's not just about sticking to the rules, but about being aware of the space around you.

The other driver was in the wrong lane, but your husband steered into him. 50/50 blame.