Insurance claim - Right to be livid?

dave82_2

I had a very minor accident in January. Another driver took the first exit, left, from the right hand lane of a roundabout cutting me up. This resulted in damage to my front driver side wing and their rear passenger side wing. They joined the roundabout from the same entrance at the same time as me.

The first conversation with my insurer resulted in them telling me that "You were in the wrong being in the left hand lane for the second exit straight ahead and they were in the wrong being in the right hand lane for the first exit left. So you should be happy to settle 50/50"

This is totally contradictory to the highway code http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070338 which states in the absence of road markings the left lane can be used for an intermediary exit. It does not say you can use the right hand lane to take the first left!

So now some 3 months later I call to find out what is going on. My insurer has provided the other drivers "team of solicitors" (no idea if they appointed this "team of solicitors" or if his insurer did) with my witness statement.

They have not provided my insurer with the other drivers witness statement in exchange.

I am furious that this puts me at an imediate disadvantage in getting a fair outcome. This now allows the other driver to use my witeness statement to make up some fantasy about what happened.

Am I right to be turning red with anger?

:mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad::mad:

Mark_Hewitt

No, chill. There are more important things in life. Think about your blood pressure.

dave82_2

You are quite right :beer: Calm now :j

MX5huggy

What do your Barrister's and QC's say? (well if they have a team of solicitors, you need to up the anti).

Lum

I am assuming this is a standard 4 exit roundabout with 90 degrees between each exit and no markings to indicate which lane to use. If so then as you state it is perfectly valid to go straight on from the left hand lane and your insurer is just being lazy, choosing the option that will let them raise your premium most next year. I'd be livid too as my NCB is very important to me*.

I always advise getting somebody else to handle the claim, preferably on a no-win no-fee arrangement as then they are financially motivated to actually fight your side. Your insurer's financial interests are not best served by doing this in many cases.

* By which I mean I'd have to get rid of my car if I lost my NCB. I couldn't afford to insure it.

dave82_2

MX5huggy wrote: »

What do your Barrister's and QC's say? (well if they have a team of solicitors, you need to up the anti).

Fantastic. Might just say that to my insurer for the laugh I would get!

dave82_2

Lum wrote: »

I am assuming this is a standard 4 exit roundabout with 90 degrees between each exit and no markings to indicate which lane to use. If so then as you state it is perfectly valid to go straight on from the left hand lane and your insurer is just being lazy, choosing the option that will let them raise your premium most next year. I'd be livid too as my NCB is very important to me*.

Yup. I sent them the extracts from the highway code they said sorry! You are right they just want to settle 50/50. Problem is there were no witnesses (well there were but no one stopped) so I doubt I stand to gain much by getting legal representation. The most likely outcome is a 50/50 I am just anoyed that the other driver isn't being given the chance to trip them selves up with their story. They can now just use my account and say the opposite.

Lum

I'd say it's still worth fighting. I've won a roundabout collision claim with no witnesses, though that was pretty much the opposite of yours. I was in the right hand lane going straight on (dual carriageway crossing B road) and they were in the left lane turning right.

They claimed I was entirely responsible for the accident but "were prepared to accept 50/50" I just wrote back and said I don't see how I can possibly be held responsible for someone turning right from the left hand lane at which point they caved in and paid up.

Strider590

Depends on road markings, if you'd like further advice here you should post the link to it from Google maps.

Lum

Agree with the request for a Google map. He did, however, state that there were no directional markings, and I added in a further assumption about this being a 4 exit 90 degree roundabout before giving my opinion

Strider590

^^ It's just that we see something quite a lot, folks going straight on when they shouldn't and then people coming on here to ask about it... I just wanted to make sure we get the right end of the stick on this one