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

dggar

TrueUnitedFan wrote: »

Hmmmm

I indicated around two dots before the blue X mark.

I've phoned her and phoned her constantly, and texted.. she is obviously ignoring me and that number must be her personal and driving instructor number as when it goes into voicemail, it says I'm currently in a lesson, blah blah blah.

Does anyone know how long she has to report the incident to her insurers? Surely, the longer she leaves it, the less likely chance of her winning her case?

That might be cosidered a late indication of your intention to leave the roundabout.

The picture here
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070338
would suggest that you should have indicated about 10 dots back from the blue cross

The other party will have probably informed her insurers within an hour of the incident.
If you wish to try to settle this without going through insurance you will have to make the offer
to the other party's insurance (probably via your own insurance company)

TrickyWicky

TrueUnitedFan wrote: »

this is what happened. I am the green dot, she is the red dot, I don't know if she came from the rear side of the roundabout to get on the roundabout, but let's assume it was like this.

opinions4u wrote: »

I think you're both in the wrong lane and both to blame.

While I still can't decide if the op is a troll or just generally clueless about everything, I totally disagree with you opinions4u. If the op was in that lane and the other person was in the left but trying to continue round then she's made a huge blunder. As for the op being in the wrong lane, no they're not. Look at those lane markings, the middle lane is clearly able to come off in the right hand lane of that exit.

It is true though that you're not supposed to go past the 12 o'clock position in the left lane but we're all taught that people do it and to be prepared to slow down or continue round.

Must be said TFU, I reckon you've overtaken her for that to happen. If you did you're a maniac and it won't be long until you kill someone. Calm down and stop being so gas happy. If you didn't then she's c**ked it up and you're lucky it wasn't a lorry.

Tilt

I suggest the OP claims against the TP via his insurance asap. clearly she isn't concerned about the incident as her insurance will no doubt cover her claim anyway. As for your excess, well if you have legal cover, they will recover that for you plus any consequential losses. Problem is that although your car may be mechanically sound in other respects, your insurers may 'write it off'. Personally, if it is in otherwise good nick, I would want it repaired.

dggar

TrickyWicky wrote: »

While I still can't decide if the op is a troll or just generally clueless about everything, I totally disagree with you opinions4u. If the op was in that lane and the other person was in the left but trying to continue round then she's made a huge blunder. As for the op being in the wrong lane, no they're not. Look at those lane markings, the middle lane is clearly able to come off in the right hand lane of that exit.

..

We must remember that we've only heard one side of the incident.
It is possible that the other party joined the roundabout at the entrance at the bottom of the picture and was trying to get into the second lane.
The OP has already told us he didn't indicate left until just before his exit

Tilt

dggar wrote: »

We must remember that we've only heard one side of the incident.
It is possible that the other party joined the roundabout at the entrance at the bottom of the picture and was trying to get into the second lane.
The OP has already told us he didn't indicate left until just before his exit

Had that been the case then I would of been in the middle lane on the approach to the round-a-bout. But I agree that we only have the OPs version of events and based on his account, I say the TP was at fault.

Sgt_Pepper_2

Tilt wrote: »

Had that been the case then I would of been in the middle lane on the approach to the round-a-bout. But I agree that we only have the OPs version of events and based on his account, I say the TP was at fault.

Yeah, but the 18 year old boy racer came up the outside at speed and cut her up. On previous form why should we believe his version?

Tilt

Sgt_Pepper wrote: »

Yeah, but the 18 year old boy racer came up the outside at speed and cut her up. On previous form why should we believe his version?

How so if he maintained his position in the middle lane? According to the OP (yes, I know we only have his account), she turned into his lane. In the absence of any other info and that the fact I wasn't there, in my opinion the TP was at fault. If she thought she wasn't, don't you think she would of been in touch with the OP by now?

System

Looking at that roundabout on street view, for somebody who has never been there before it is a nightmare with a severe shortage of signs and road markings. Not even a roundabout direction sign as you approach from the SE. A bit of a shock to find it's a roundabout and not a junction as the signs allude to

dggar

TrueUnitedFan wrote: »

She was in 1st lane she indicated right a couple of yards before my exit bviously looking to take 3rd or 4th exit. She should of been in the 2nd or 3rd lane for this.

Noobend.

Re reading post #22
you say when she indicated her car was in the 1st lane.
was her car
a) to the rear of your car.
b) alongside your car.
c) ahead of your car.

You also say she speed up so is it correct to assume that both cars were travelling at more than 20mph at the point of collision.

Incidentally what is a New Bend

brat

dggar wrote: »

We must remember that we've only heard one side of the incident.
It is possible that the other party joined the roundabout at the entrance at the bottom of the picture and was trying to get into the second lane.
The OP has already told us he didn't indicate left until just before his exit

This is where my money is. OP has been in lane two to come off A456 to Kidderminster into lane two of that slip as he's entitled to do. The other vehicle has come on from the B4284 Harbourne road in lane one and is wanting to come off onto A4540 Ladywood Middleway. Clearly she too would expect to be able to make this manoeuvre from lane one because the signage prior to entry to the roundabout indicates that a lane one entry is the right one to make because her exit is at 10 o'clock.

The apportioning of blame is really down to respective speeds and attitudes. If the OP has recognised (as he should with her indication) that she wants to continue round to the next exit, and decided to try to accelerate round her, then he's to blame. If he was travelling too quickly and failed to observe her indication, it's down to him too. If she came out and into his path, failing to realise that he was allowed to come off onto the A456 in lane two, then it's down to her.

The devil is in the detail on this one, but if our OP observed the indicator, yet still drove past her to get off, I'd have to ask why?