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How can I be at fault?

2»

Comments

  • Thank you all so much for your advice and opinions.

    I know that I was in the right,not indicating too early.He did pull out on me so fast that I didn't have a chance to stop or break.

    My insurance company have told me that they are going to goback to him and find out on what grounds they are blaming me but I will not accept a 50.50.

    I've forwarded maps with annotation etc and will wait and see what happens next.

    Once again you've been fantastic.:T

    p.s i will keep you posted.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    ...I know that I was in the right,not indicating too early.He did pull out on me so fast that I didn't have a chance to stop or break...

    I'm sorry, but how can you possibly be in the right if you were travelling so fast that you were unable to stop in the distance you could see to be clear. :huh:

    It being a roundabout, you should have been extra cautious whilst negotiating the hazard and keeping a perceptive eye open for other traffic approaching the roundabout.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • newbie1980
    newbie1980 Posts: 2,016 Forumite
    Part of the Furniture Combo Breaker
    Premier wrote: »
    I'm sorry, but how can you possibly be in the right if you were travelling so fast that you were unable to stop in the distance you could see to be clear. :huh:

    It being a roundabout, you should have been extra cautious whilst negotiating the hazard and keeping a perceptive eye open for other traffic approaching the roundabout.

    what are u on?????????????:eek::eek::eek::eek::eek::eek:

    the other person pulled out and hit op
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    Premier wrote: »
    I'm sorry, but how can you possibly be in the right if you were travelling so fast that you were unable to stop in the distance you could see to be clear. :huh:

    It being a roundabout, you should have been extra cautious whilst negotiating the hazard and keeping a perceptive eye open for other traffic approaching the roundabout.


    Absolute bo££ox. This isn't France. If you're already on the roundabout then you have right of way. And, according to the OP it wasn't her who was travelling fast, it was the other driver.
    I used to think that good grammar is important, but now I know that good wine is importanter.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    newbie1980 wrote: »
    what are u on?????????????:eek::eek::eek::eek::eek::eek:

    the other person pulled out and hit op

    I don't dispute the other person may not be blameless here, but that still does not detract from the fact that the OP appears to have been travelling too fast. It is on that basis I no not agree that the OP is in the right.
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • Quentin
    Quentin Posts: 40,405 Forumite

    My insurance company have told me that they are going to goback to him and find out on what grounds they are blaming me but I will not accept a 50.50.

    The outcome of the liability will be decided by the insurers (ie it's not up to you to "accept" any split liability).

    But any split liability outcome will have the same effect on your NCD as if it was 100% your fault.

    The advantage to you of getting a split decision is that you can claim your share of your uninsured losses off the third party (eg if it ends up 50/50 you get 50% off your excess/other uninsured costs back off the third party)
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I get fed up of drivers indicating too early on these little roundabouts virtually like they are not roundabouts at all, yu would really be better not indicating at all on them. It would make people a bit more cautious.

    Indicate left after you have passed the exit before you want to turn off. The amount of drivers indicating even a half a second too early can be very confusing to the one waiting.

    the fact that the car did a runner should see you alright OP.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Premier_2
    Premier_2 Posts: 15,141 Forumite
    10,000 Posts Combo Breaker
    edited 21 January 2012 at 3:09PM
    iolanthe07 wrote: »
    Absolute bo££ox. This isn't France. If you're already on the roundabout then you have right of way. And, according to the OP it wasn't her who was travelling fast, it was the other driver.
    126

    Stopping Distances

    Drive at a speed that will allow you to stop well within the distance you can see to be clear. ...

    187



    In all cases watch out for and give plenty of room to
    • .....
    • traffic crossing in front of you on the roundabout, especially .....

    http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070202

    Perhaps you would be kind enough to point me in the direction of the rule that suggests the OP has any right of way? Even an emergency vehicle authorised to be travelling under blue lights does not have any right of way as far as I understand.

    Edit: and a couple more :)


    146


    Adapt your driving to the appropriate type and condition of road you are on. In particular
    • do not treat speed limits as a target. It is often not appropriate or safe to drive at the maximum speed limit
    • take the road and traffic conditions into account. Be prepared for unexpected or difficult situations, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precaution
    • where there are junctions, be prepared for road users emerging
    • ...
    ...

    147

    Be considerate. Be careful of and considerate towards all types of road users, especially those requiring extra care (see Rule 204). You should
    • try to be understanding if other road users cause problems; they may be inexperienced or not know the area well
    • be patient; remember that anyone can make a mistake
    • ...
    "Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 2010
  • iolanthe07
    iolanthe07 Posts: 5,493 Forumite
    edited 21 January 2012 at 4:51PM
    Premier wrote: »
    http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070202

    Perhaps you would be kind enough to point me in the direction of the rule that suggests the OP has any right of way? Even an emergency vehicle authorised to be travelling under blue lights does not have any right of way as far as I understand.

    Edit: and a couple more :)

    I am not contradicting any of your quotes. Of course everyone should drive with due care and attention. But what evidence have you that the OP was driving too fast? And, I repeat, in the UK those already on a roundabout have right of way over those entering it.

    From the HighwayCode

    185

    When reaching the roundabout you should
    • give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
    I used to think that good grammar is important, but now I know that good wine is importanter.
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