car crash update and advice needed please!!

backfoot

bikingbarney wrote: »

:T I do all that google stuff to show the junction close up and you had the picture all along!

This is exactly the position I wanted to show as it would be other driver's view.

Doozergirl

backfoot wrote: »

:T I do all that google stuff to show the junction close up and you had the picture all along!

This is exactly the position I wanted to show as it would be other driver's view.

The other driver's view would have been what the driver in the S Reg car in the photograph would be looking at straight in front of him from his position near enough straight to the lane markings - The A38N. The camera is positioned on the pavement at about a 30 degree angle round to the right of the parallel markings for Lane A. So if you were seeing that from a car, you wouldn't be positioned straight within the lane.

The point that the S Reg car is at is also over the stop line for the traffic lights - the car is already well into crossing the M5 exit slip.

If I'm a passenger in the next couple of days in Lane A, I'm going to take the view from that stop line. And then I'm going to go around it again and take one from Lane B as well.

bikingbarney

Quentin wrote: »

Something not quite right here. If your car was repaired and paid for by the third party, then you shouldn't have paid your excess.

And if the third party insurer paid this out, then your own insurer shouldn't have deducted any NCD.

So a counterclaim should have at least been for your excess.

He may not have insurance against damage to his own vehicle, which is why he is claiming these costs off you.

sorry this has got me a bit confused.

my insurance have paid for my car to be repaired, they took my excess at the time.

i have lost 2 years bonus as the libility is still in dispute.

if the court case goes my was then i will get my excess back and also have my no claim reinstated.

hope this helps.

Wig

Quentin wrote: »

No - we don't "all agree what the straight arrow means" at all!

I have disagreed, but been abused for having the timerity to say so!

But you have never offered a logical distinction between what is meant by the straight on and the turn right arrows. If they both mean go round the roundabout why are they different? What is the need for two diiferent arrows? Given that they both mean the same thing why have any arrows at all? Even more confusingly if they both mean the same thing why in the middle lane is the arrow a combination of the two other arrows (an arrow with two heads)? So according to your logic, we have three different arrows all meaning the same thing, unless, that is, you can give us your logical explanation.

BTW I'd hardly call it abuse. You are an intelligent person you have made that clear, time and time again on this board. So why have you chosen to throw logic out of the window on this one?

Wig

bikingbarney wrote: »

sorry this has got me a bit confused.

my insurance have paid for my car to be repaired, they took my excess at the time.

i have lost 2 years bonus as the libility is still in dispute.

if the court case goes my was then i will get my excess back and also have my no claim reinstated.

hope this helps.

You should be counterclaiming for your excess. When you win you will have your NCB reinstated as you rightly pointed out.

backfoot

It's baffling to think that the road marking for the middle lane (about 50 yards) before the traffic lights has changed from a straight ahead arrow with a left arrow to a straight ahead arrow with a right arrow.

I think most of you are arguing that as a result nothing about the middle lane intentions changed.:huh:

Quentin

bikingbarney wrote: »

i have lost 2 years bonus as the libility is still in dispute.

if the court case goes my was then i will get my excess back and also have my no claim reinstated.

.
Who told you this?

The court case may or may not go your way, but if the case is thrown out then it doesn't follow that you will get your excess back.

Your insurer/solicitor should have counterclaimed for your excess. Had this been awarded by the court, then they would have also been able to get all their costs incurred over your repairs repaid (which is what you need to happen to get your NCD reinstated) - the third party's insurer would pay up based on already having been ordered to pay you your excess. (Any split liability decision is no help over getting your NCD back).

You are the defendant in this case, and it is up to the claimant to prove his case - if he fails, then without you getting the judgement for your counterclaim you are left still having to prove the third party liable.

But why didn't you pursue your excess before all this blew up?

Doozergirl

backfoot wrote: »

It's baffling to think that the road marking for the middle lane (about 50 yards) before the traffic lights has changed from a straight ahead arrow with a left arrow to a straight ahead arrow with a right arrow.

I think most of you are arguing that as a result nothing about the middle lane intentions changed.:huh:

That's right! As we've been told, the left hand marker wouldn't pass an audit because the next left turn is the wrong way down the M5 exit slip road. It makes sense not to put a left turn arrow immediately before a left turn which could be dangerous, especially when the exit you should be wanting to take is directly in front of you!

It's not baffling at all. Nearly every exit of that roundabout is straight ahead of you when you are stopped at the lights. The sign points straight ahead, drive straight ahead. The sign points right, go right. From that set of traffic lights in lane A which is marked straight ahead, the A38(N) is directly in front of you! In lane B, the arrows point straight ahead or right. You can drive straight ahead of you in a straight line and you will end up at the beginning of the dual carriageway before it bears left. Or you can turn your wheel right towards the next set of traffic lights.

The picture you think is the driver's view from Lane A is not what you would see if you were looking straight ahead of you! That is what you would see if you were in Lane A looking to your right.

Come on, there are three lanes there that effectively turn into six different lanes; two on the A38, another four round the roundabout. Lane A cannot be a natural progression to the third lane of 6. There are enough lanes that allow you to carry on round that it makes logical sense that the left hand lane is the exit lane. From that roundabout, if you don't cross any of the line markings, you're laughing. If you're going to cross a lane marking, look!

The only person that crossed any lane markings was the other car, not the OP. The only lines the OP crossed apply to traffic leaving the M5 when it is their turn. They bear no relation to the trajectory of any vehicle who is already on the roundabout.

Play devil's advocate if you want by all means, but I don't see why you don't get it?!

bikingbarney

i have contacted the highways agency today and they are going to send me an email regarding all the road markings, why they were changed and what each arrow indicates now.

once i get that i will post it up here.

backfoot

I'd done the same coincidentally. Great minds !!

Did you speak to someone? I just e mailed.