Help really needed!!!

stokeymad

Hi all,

I really need some help. I was involved in a car accident last week which I ended up with some bad injuries from. At first I thought it was a cut and dry thing that the other driver is at fault, but now people are telling me it could be 50/50.

The situation is I was driving on this roundabout ---> http://maps.google.co.uk/maps?hl=en&tab=wl

From station road east to west, with the intent to leave at the third exit to go north on Foxhall road. I signalled right and gave way as i entered the roundabout and followed the correct procedures for lanes etc (entering the roundabout i was in the right hand lane to go right) however as visible from the maps, there is only one lane on the roundabout. I went past the exit for B4493 and switched my indicator left to show my intention to leave the roundabout and started to exit the roundabout. Thats when a car travelling West to East on the B4493 failed to give way at the roundabout (didnt even slow down never mind stop) and crashed into the front wheel passenger side of my car. After calming down and calming my wife who was in the car i managed to pull over to the side of the road on foxhall road and exchange details with the other driver, who said he was at fault, as the sun was in his eyes and he never saw me.

I asked him if he wanted me call the police or a relative to come get him (he was 60ish and shaken up) but he said no and continued on his way. My wife complained of pains a few minutes later so i rushed her to the hospital and long story short i ended up in a neck brace on a spinal board and she has damaged her back.

What i need help is that I think he is completely at fault, I followed everything right on the roundabout, I wasnt speeding, he didnt stop or slow down entering the roundabout, and he struck me - I didnt hit him. If i had hit him then I would say it was my fault because I could of braked, but the speed at which he entered the roundabout left very little time for reaction. There were no witnesses as they drove off, but who would be at fault in this situation because I am not prepared to settle for a 50/50 because I cant see what I could of done to prevent this accident. I have attached a picture to hopefully explain better. The blue line is myself and the red line is the other driver.

Sorry if this seems complicated, it's difficult to explain.

Strider590

There may have been something that turned off before you which was obstructing his view (a truck maybe?), but regardless he should not have entered the round about.

I had a similar incident a few months ago, young lady in a 206, just drover straight out, I missed her by no more than a few inches...... Had I been going 2 mph faster, I'd have hit her drivers side/door and probably done her some serious injury, had I been going 5mph faster she'd have hit my passenger side (just as in your accident).

Insurance companies always try to go 50/50, it's the least costly for them when there's no 3rd party witness or video evidence. 50/50 is also the most profitable because they can they hike up the premium of both drivers for the next few years.

slyracoon

Just tell your insurer what you wrote here and tell them that in your opinion your not at fault. Leave it to them to sort out.

The other persons insurer will always come back offering 50/50 to start with in the hope that you will accept, thus reducing their liability.

verybigchris

Hard to see why anyone would tell you that's 50/50. Sounds to me like it's 100% the other driver's fault. Even if he made up a story to try and defend himself (like saying you indicated left too early as if to take the second exit) nothing excuses entering a roundabout if you're not certain it's safe to do so.

Foxy-Stoat_3

Its makes absolutely no difference what my or anyone else's opinion is in this instance I am afraid.

You need to speak to either a no win no fee firm, I assume you will have a load of them calling and texting you for the next few months, or if you have legal cover then speak to them.

It would seem that you had right of way at the time and the TP drove into you, but if there are no witnessess the other driver can make any claim they like and it will be your word against his and it will be a split liability 50/50 or 70/30.

I had an accident where a motorcycle was contravening at least 3 points of the highway code and he hit ME at a junction while I was turning, in the end it was settled 50/50 which I thought was rubbish but without independent witnessess it makes no odds if he was speeding or driving badly.

Are you SURE that noone you knew was waiting to turn onto the roundabout in the other lane

http://www.accident-claim-expert.co.uk/car-accident/roundabout-accident-claim.html

http://www.accident-claim-solicitors.co.uk/road_traffic_accident.html

PS. I hope your wife makes a full recovery and theres no lasting injuries.

jwruk

I'll make a suggestion before this gets out of hand.

Who is saying it'll go 50/50?

If it's your insurance company then you need to make sure they know the full facts, supply witness details if possible and also make a statement quoting what the other driver said to you at the time. From your description it sounds like other driver drove into you (his front to your side) and you already had the right of way.

If it's anyone other than your insurance company then simply ignore them. They are not qualified to make a judgement and whatever they say will have no impact on the outcome, they are simply causing you to worry (possibly over nothing).

stokeymad

Hi all,

There was nothing in front of me that could of blocked his view, think there was a smart car maybe but it was a good few feet in front of me. To be honest it is just randomers saying it could be 50/50, but my insurance company did hint that most roundabout accidents tend to be 50/50 unless I wish to take it further, My legal expenses cover is dealing with it at the moment, and they say it is definitly not my fault but it confused me that they said opposite to my insurance company. I am going to try to go all the way and say it isn't my fault because it simply wasn't, i feel sorry for the bloke as he was old but he should of give way.
Thanks Foxy-Stoat for the wishes as well, she is in a bit of pain at the moment, and I have been put on some high strength pain killers as I am unable to sleep due to neck and back pains.

The problem I have is there were no witnesses (i made a call of a passer by's phone, I am trying to track him down but proving difficult at the moment) but I am doing everything I can such as providing these crudely drawn diagrams and writing down everything whilst it is still fresh in my memory.

Notmyrealname

100% his fault. If you can't see before entering a roundabout you stop.

stokeymad

Great news, his insurance company has contacted me to say they are accepting fault. Thank you everyone though as it took a weight off my mind.

Strider590

And justice for all

Good result!