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

TrueUnitedFan

dggar wrote: »

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

I didn't see her indicated from behind me, I seen her indicatation when she was right beside my car.

I would say it was atleast 30mph.

brat wrote: »

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?

I only seen her indication when she came side to side with my car. She sped up because I was in front, in the second lane, she came from the side of me in the first lane.

she must of made a claim with some silicotors as I have a reference number, phoned them up and told me to speak to my insurance, which I will do when Im at home.

brat

TrueUnitedFan wrote: »

I only seen her indication when she came side to side with my car. She sped up because I was in front, in the second lane, she came from the side of me in the first lane.

If you are saying she was always behind you but sped up to be alongside you, then tried to drive through you as you came off the roundabout, then its entirely her fault, especially if you were indicating.
However, it's a scenario that seems rather unusual, especially if she had just entered the roundabout. I would expect her to come on ahead of you, slower, and for you to catch her up as she got up to roundabout speed. It would then also have been easier for you to see her indication.

Tilt

I think from the image that the OP posted earlier in the thread showing the damage to his car door, shows that the TP was indeed alongside but half a car length behind the OP when the collision occurred. That, coupled with the trajectory of both vehicles (according to the OPs info) suggests to me that the TP was at fault.

Jamie_Carter

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

If he didn't indicate before changing lanes, and didn't check that the lane was clear, then he is as much to blame as she was for being in the wrong lane.

dggar

TrueUnitedFan wrote: »

I didn't see her indicated from behind me, I seen her indicatation when she was right beside my car.

I would say it was atleast 30mph.


.

How were you able to see her indicators if she was right beside you. You said there was a passenger in your car.

I'm also supprised at how little damage ther appears to be on the car in post #15.

here are 2 links to crash tests.

http://www.youtube.com/watch?v=oXwu2FLc6wA&feature=relmfu

http://www.youtube.com/watch?v=-oPHNtgqiPA

The front crash is at 15.5Kph (about 11mph) and demonstrates the likely damage to the other car.

The side crash is at 31mph (which is not exactly the same as two cars colliding side to side) but makes me think your passenger was extremely lucky to suffer no injuries.

Tilt

Jamie_Carter wrote: »

If he didn't indicate before changing lanes, and didn't check that the lane was clear, then he is as much to blame as she was for being in the wrong lane.

The OP states he didn't change lanes. He exited a 3 lane round-a-bout from the middle lane onto a 2 lane exit which is fully entitled to do. The TP was in lane 1 so should of taken lane 1 of the next exit (being the same one which the OP intended to take). However, the TP instead attempted to continue past the next exit which forced her to change from lane 1 to the middle lane as lane 1 effectively ends at each exit on a 3 lane round-about because it forms lane 1 of each exit route thus meaning unless you are taking the next exit, you should be in the middle lane of the round-a-bout. Further more, if the TP was on the n/s of the OP and half a car length behind, how is the OP going to see her indicating to change lanes?

Jamie_Carter

TrueUnitedFan wrote: »

I didn't see her indicated from behind me, I seen her indicatation when she was right beside my car.

I would say it was atleast 30mph.



I only seen her indication when she came side to side with my car. She sped up because I was in front, in the second lane, she came from the side of me in the first lane.

she must of made a claim with some silicotors as I have a reference number, phoned them up and told me to speak to my insurance, which I will do when Im at home.

So you saw her indicating, but still tried to cut in fron of her??

System

If like a lot of drivers, they believe that by indicating it gives them absolute right of way

sarahg1969

TrueUnitedFan wrote: »

she must of made a claim with some silicotors as I have a reference number, phoned them up and told me to speak to my insurance, which I will do when Im at home.

Aye - that'll probably be the injury claim I mentioned before.

Sgt_Pepper_2

Tilt wrote: »

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?

Maybe she's doing her talking via a solicitor. Best way to bypass his bull....

TrueUnitedFan wrote: »

I didn't see her indicated from behind me, I seen her indicatation when she was right beside my car.

I would say it was atleast 30mph.



I only seen her indication when she came side to side with my car. She sped up because I was in front, in the second lane, she came from the side of me in the first lane.

she must of made a claim with some silicotors as I have a reference number, phoned them up and told me to speak to my insurance, which I will do when Im at home.