How can I be at fault?

Nancy_PepperPot

I was involved in a car accident on a roundabout.
I was on the rounabout taking the 2nd exit when a car cut in front of me causing damage to my front bumper and his front driver wheel arch.

His insurance company is saying that i was at fault as i was apparently doing a uturn which i was not!

After the crash, he drove off without stopping and i had to leave the scene of the accident to chase after him, he did pull over eventually and we exchanged details and I later reported it to the police.

I'm livid! Any advice on where you think this claim will go?

My opinion is that he failed to give way to me when I was already on the roundabout.

Any help or advice would be apprieciated

:mad:

photome

Not enough info to make any judgement.

Padz_2

50/50 is common on roundabout incidents.

Nancy_PepperPot

photome wrote: »

Not enough info to make any judgement.

i'm sorry? Could you please let me know what info you require?

Single lane roundabout I'm taking the 2nd exit, indicated my intentions, driver pulls to my left just out as I pass 1st exit (me indicating) straight into me. he left the scene and i chased him so there are no indeendent witnessess.
He's accusing me of doing a uturn when i wasnt

Nancy_PepperPot

Padz wrote: »

50/50 is common on roundabout incidents.

Does the fact that he left the scene add any weight? Isn't that dodgy? Had i not chased him he would of gotten away with it.

I was so not at fault, do I have any say if they want a 50/50?

dzug1

It sounds possible you might have been indicating too soon, giving the impression you were turning into the road he was coming from.

Though the u-turn bit still sounds rubbish.

stephen77

dzug1 wrote: »

It sounds possible you might have been indicating too soon, giving the impression you were turning into the road he was coming from.

Though the u-turn bit still sounds rubbish.

The u-turn things sounds iffy to me. Not checked the high way code on it. But if your indicating right and he pulls out, then he is liable as he did

Even if you admitted to Doing a u-turn at a roundabout it is not banned and you were indicating to keep turning as well inwards rather than indicating to leave.


Not sure how big the roundabout is.

Lum

They always try to argue 50/50 at first.

I had a very similar crash to yours on a 2-lane 70mph roundabout many years back, when I was a new driver. I was taking the second exit and someone pulled out in front of me from the first exit.

The actual situation was a little more complicated. There were two lanes, with a van waiting to enter. The van floors it and passes in front of me at some speed. I had to slow down a little to avoid going into the side of them.

Unfortunately, to the left of the van was someone in a Sierra who was trying to use the "shield" trick, which is where you assume it's safe to go because even if it isn't, it will be the van that gets hit. Problem is they failed to keep up with the van.

So the van has gone past and I can see ahead again and there's this bloody Sierra, I turn right to try and avoid a collision but they haven't seen me and end up with the front right corner of their car in my front left wing.

I get a letter saying something like "Our insured holds you entirely responsible for the accident but is prepared to accept 50/50 given the circumstances", it was actually quite an intimidating letter, I guess trying to get at me since I was young and inexperienced. I send it to my insurance with a covering later stating that I can't see any way in which I could be responsible for someone pulling into the side of my car from the first exit of a roundabout.

It was eventually settled in my favour. Just keep at it, keep chasing your own insurance to deal with it, and try not to let them fob you off.

photome

Nancy_PepperPot wrote: »

i'm sorry? Could you please let me know what info you require?

Single lane roundabout I'm taking the 2nd exit, indicated my intentions, driver pulls to my left just out as I pass 1st exit (me indicating) straight into me. he left the scene and i chased him so there are no indeendent witnessess.
He's accusing me of doing a uturn when i wasnt

Thats a bit more info, you didnt say it was a single lane rbout on first post.

Which way were you indicating?

Right to go past the 1st exit or Left meaning other driver thought you were going to exit before getting to the exit where he was waiting.

If you were indicating left after the first exit, it seems the other driver didnt see you coming and it is his fault.

Even if you were indicating incorrectly it would still be hard to argue that it wasnt his fault

As for the U turn, I dont get it, who does a Uturn on a rbout. It would mean you would end up going the wrong way round it!

Strider590

Nancy_PepperPot wrote: »

nce company is saying that i was at fault as i was apparently doing a uturn which i was not!


:mad:

Standard response from 3rd party insurance company, I know it's stressful, but they always try to argue the toss.

If not for him trying to make an escape I would be asking whether you had the correct lane.....

There's a small roundabout near my house, 2 lanes, but unlike most roundabouts, this one is RH lane for straight on. I've had a number of close calls with people trying to go straight on from the LH turn lane.
All people have to do is read the road markings!

But it sounds like in your case, he was angry, tried to be clever, was not thinking straight and f*cked it up.

How would you be doing a U-turn? was it a mini-roundabout?**
Whilst U-turns on mini roundabouts aren't strictly speaking "illegal", they are exceptionally dangerous, as in some cases there's not enough space to complete the manuvre without doing a 3pt turn AND nobody ever expects anyone to do it.

You need to prove the route you were taking, print off a map showing your exact route, get photo's of the roundabout, build a defence against his claims.

** This

daveys_2

I'd be writing a swift letter to 3rd party insurers including the phrase

Owing to the incident circumstances whereby your insured failed to give way you my correctly driven and positioned vehicle, I am holding your client fully responsible in respect of my uninsured losses

State what your excess/repair bill, is/quoted to be, Send a copies to your insurers and 3rd party, and wait for the cheque.