Just had a crash, who's fault is it? Need advice please

TrueUnitedFan

DUTR wrote: »

I know that roundabout , 5 ways Birmingham.
If you were already on the island as explained the 3rd party will be held accountable, I am concerned though at the comments that you are a troll, and this appears more true, since you fail to answer certain questions, what did the 3rd party driver say at the time?

Yes, she said it was my fault saying I was in the 3rd lane! which is crazy, I knew what lane I was in, which was the 2nd lane and I kept to that lane throughout. She was in the first lane and she dangerously tried to move over to two lanes but cutting across me.

I was on the roundabout first, she came up from behind me on the left lane.

dggar

Questions that need answering

1)What road were you on before entering the roundabout.

2) what road was the other party on before she entered the roundabout.

3) on what road did you intend to leave the roundabout.

4) at what point on the roundabout did you make your indication to leave the roundabout.

5) where on the roundabout did the collision take place

DUTR

TrueUnitedFan wrote: »

Yes, she said it was my fault saying I was in the 3rd lane! which is crazy, I knew what lane I was in, which was the 2nd lane and I kept to that lane throughout. She was in the first lane and she dangerously tried to move over to two lanes but cutting across me.

I was on the roundabout first, she came up from behind me on the left lane.

Well my reply in post #4 still remains, the roundabout concerned is a bit of an accident hotspot and is often a feature of the travel news reports for queuing traffic (in fact that section of Hagley Road used to be the 2nd most used in Bham) .

It's puzzling though OP that as the 3rd party ran into you, that you are still doubtfull of liability, it is difficult not to have had independant witness's as the traffic would have come to a bit of a halt immediately after the collision.

TrueUnitedFan

dggar wrote: »

Questions that need answering

1)What road were you on before entering the roundabout.

the road in the first picture. Islington row

2) what road was the other party on before she entered the roundabout.

Do not know. All I was doing before I enter on the roundabout was checking traffic on the right.

3) on what road did you intend to leave the roundabout.

2nd exit towards ebaston center

4) at what point on the roundabout did you make your indication to leave the roundabout.

I made it a couple of yard as the 2nd lane opened up

5) where on the roundabout did the collision take place

Just before I got into my exit

DUTR wrote: »

Well my reply in post #4 still remains, the roundabout concerned is a bit of an accident hotspot and is often a feature of the travel news reports for queuing traffic (in fact that section of Hagley Road used to be the 2nd most used in Bham) .

It's puzzling though OP that as the 3rd party ran into you, that you are still doubtfull of liability, it is difficult not to have had independant witness's as the traffic would have come to a bit of a halt immediately after the collision.

I do have an indpendent witness. I took his name and mobile phone number. He pulled over and said he was prepared to put in a statement if needed.

TrueUnitedFan

DUTR wrote: »

Hope you have taken some pictures at the scene ( and preferably geotagged) exchange details and advise your insurance company, the excess is the part of the claim you agree to contribute to , so if the damage to your car maybe less than that then it maybe worth while not pursuing a claim (although you still have to inform the insurance company) if the 2rd party has accepted liability, your legal expenses cover will recover the excess you have to pay.
However in your favour the claim may go against the 3rd party for 2 reasons
a) you were already on the roundabout so have priority right of way
b) the 3rd party driver has driven into the side of your car.
Good luck but expect your next premium to increase in any event

Didn't take any pictures. I know stupid of me. I was just in shock. however I've taken some at home. Haven't taken an pictures of her car.

I will phone up insurance company again tommorrow and tell them I'm going to see if I can settle this with the third party outside instead of the insurance's getting involved.

the two points mentioned above sounds promising.

I don't think she will admit liabilty though, she didn't admit it when I pulled over and claimed I was in the 3rd lane when I was in the 2nd.

DUTR

TrueUnitedFan wrote: »

Didn't take any pictures. I know stupid of me. I was just in shock. however I've taken some at home. Haven't taken an pictures of her car.

I will phone up insurance company again tommorrow and tell them I'm going to see if I can settle this with the third party outside instead of the insurance's getting involved.

the two points mentioned above sounds promising.

I don't think she will admit liabilty though, she didn't admit it when I pulled over and claimed I was in the 3rd lane when I was in the 2nd.

Listen us Midlanders get a reputation for being thick, in some cases it maybe true but more often not true, stop banging on about lanes etc, fact remains you were on the roundabout, the highway code is clear about entering a roundabout only when it is clear to do so,
no point in contacting the insurance to see if it can be settled elsewhere, that is up to the 3rd party not you! Especially as they are saying they deny liability.
Only twist to the tale is you were actually in the 2nd lane intending to take the next exit and the driver in the 1st lane intended to proceed to the following or subsequent exit and you swerved across their path?
Let the insurance companies deal.

TrueUnitedFan

DUTR wrote: »

Listen us Midlanders get a reputation for being thick, in some cases it maybe true but more often not true, stop banging on about lanes etc, fact remains you were on the roundabout, the highway code is clear about entering a roundabout only when it is clear to do so,
no point in contacting the insurance to see if it can be settled elsewhere, that is up to the 3rd party not you! Especially as they are saying they deny liability.
Only twist to the tale is you were actually in the 2nd lane intending to take the next exit and the driver in the 1st lane intended to proceed to the following or subsequent exit and you swerved across their path?
Let the insurance companies deal.

£350 is my excess. Which is madness! I don't even have that kind of money sitting around. Even if they decide in my favour, my insurance will sky rocket, they may even write the car off. It's an fiat punto 2002 90,000 on the clock..

why would I be in the 2nd lane and take the first lane exit. there's two lanes for the 2nd exit. I kept to my lane throughout!

DUTR

TrueUnitedFan wrote: »

£350 is my excess. Which is madness! I don't even have that kind of money sitting around. Even if they decide in my favour, my insurance will sky rocket, they may even write the car off. It's an fiat punto 2002 90,000 on the clock..

why would I be in the 2nd lane and take the first lane exit. there's two lanes for the 2nd exit. I kept to my lane throughout!

People do take chances especially at that roundabout, it is the only way in many cases to get across it, new door skin and spray may certainley put the car beyond economical repair. Nobody owns the roads and excess is a gentle reminder of why one should always take precaution to avoid acceidents irrespective of who is to blame.

dggar

2) what road was the other party on before she entered the roundabout.

Do not know. All I was doing before I enter on the roundabout was checking traffic on the right.

So if you were looking to your right you would have seen her if she was already on the roundabout.

Did you have to stop before entering the roundabout

If you did not see her at that point she would probably entered the roundabout from the same road as you either behind you or on your inside.

The other possibility is that she entered the roundabout at the next entrance which was the one before the exit you were going to take.
(where the bus is on your 1st. shot of the roundabout.)

4) at what point on the roundabout did you make your indication to leave the roundabout.

I made it a couple of yard as the 2nd lane opened up

Your answer to this question does not make any sense.
Was it before where the bus is shown, after where the bus is shown.
You need to be specific.

opinions4u

£350 is my excess. Which is madness!

No it isn't. It's remarkably low for an 18 year old. Expect a bigger excess and a bigger premium soon,

I don't even have that kind of money sitting around.

Well here's the big budgeting issue for anybody with car insurance and excess. Get some money "sitting around". Save it up, stash it and have it available because accidents do happen, mechanical issues occur, brake pads wear out, punctures strike.

A cushion to keep on motoring is a sensible budgeting action.

You might need the cash for a new car if yours is written off.