Car accident, going to court?

kinh

Hi guys, basically, I've had a car accident a couple a months ago (september) on a roundabout. I was in the middle lane, third party was in the left lane.

My intention was to take the second exit on the roundabout which had two lanes, whilst the third party in the left lane had the intention of going beyond exit 2, when she should of as was in the left lane.

Third party tried to overtake me and hit my left near side quater passenger door.

Third party is denying liability, eventhough I have a witness.

My solicitors have sent the witness statement to third party solicitors but haven't really got a response.

So they are suggesting that we take it to go, which I fully support of if that means the case will be resolved quicker than waiting for third party to admit liability.

My question is, if I go to court, what will happen, what will I have to say?

I'm sure it is unlikely that It will get to court with third party solicitors knowing I have a witness whilst their client does not, plus with it being very expensive to be taken to court.

Is this matter complicated, she is counterclaiming and we are both putting in personal injury claims.

dggar

Is it this accident by any chance?

https://forums.moneysavingexpert.com/discussion/4219101

kinh

dggar wrote: »

Is it this accident by any chance?

https://forums.moneysavingexpert.com/discussion/4219101

No it is not why?

rs65

Is your insurer prepared to go to court? Who is the insurer?

colino

So the innocent other party going round the roundabout in the lane they had entered it was confronted by you crossing in front of them to get to your exit. Unfortunately they were so surprised they couldn't quite stop their car in time so clipped you. What benefit do you or your insurer think there will be in testifying in court that you changed lanes on a roundabout without looking?

vikingaero

colino wrote: »

So the innocent other party going round the roundabout in the lane they had entered it was confronted by you crossing in front of them to get to your exit. Unfortunately they were so surprised they couldn't quite stop their car in time so clipped you. What benefit do you or your insurer think there will be in testifying in court that you changed lanes on a roundabout without looking?

Oh dear! Colin has been taught by all the spazzy instructors we seem to have on the road. Third party was in left lane. OP in middle. 2 lane exit. 3rd party cut across OP's right of way in effect.

Buzby

It will be a small claims action IF it even gets that far. In my case,they settled when the papers were served (previously they insisted on 50/50).

Right hand lane for an 2nd exit (straight on) is expected. A left lane 3rd or higher exit most certainly is not.

andygb

There are a couple of places down here in Kent, where some kind of "local rules" takes over from the highway code, and it can be frustrating and dangerous.
There is a slip road off the A2 coastbound, which is about half a mile long and has two lanes. When you get to the roundabout at the end, there are only two options - exit 1 (90 degrees left) or exit 2 (270 degrees right). I always take exit 2, so position myself in the outside lane. You would be amaxed at the number of people who use the left hand lane to attempt to "undertake" me, and at times try to force me into going around the roundabout again. Their actions are usually accompanied by gesticulations and beeping/flashing of lights.
There is another example at the Bluewater shopping centre, where the lane is clearly marked, but does not stop people using the incorrect (inside lane) for the last exit on the roundabout.
I wonder where they get their roadcraft instruction from, or do they simply follow each other and hope for the best?

vikingaero

andygb wrote: »

I wonder where they get their roadcraft instruction from, or do they simply follow each other and hope for the best?

They get their roadcraft from their arrogance and ME! ME! ME! culture. They feel THEY are more important than you and you being in the correct lane is impeding THEIR progress. All that matters is THEM/ME!

It really doesn't help with the current spate of driving instructors. I see them on their mobiles and driving themselves in the wrong lanes for junctions and roundabouts as though it is perfectly normal. How the hell they can teach when they are so blissfully ignorant is beyond me.

Strider590

With roundabouts insurers tend to hate dealing with these claims, mostly because they vary soooo much in how the lanes are set out.

Here for example, I loose count of how many people get this one wrong.

Coming in from the North side, aiming for 3rd exit, the road markings tell you what lane to use, but people still insist on using the RH lane to go to 3rd exit.

And then you have here, where people wrongly take the LH lane to stay on the A442. No road markings here, so the highway code should be followed, which means if the exit is beyond 12oclock, you should use the RH lane.

Insurance companies know that roundabouts can be grey area's, so they prefer to go 50/50 without contest.

System

Strider590 wrote: »

With roundabouts insurers tend to hate dealing with these claims, mostly because they vary soooo much in how the lanes are set out.

Here for example, I loose count of how many people get this one wrong.

Coming in from the North side, aiming for 3rd exit, the road markings tell you what lane to use, but people still insist on using the RH lane to go to 3rd exit.

Unless I am looking at things different to you, based on the roundabout signs before the actual roundabout then the RH lane is correct. Road markings later on do not contradict that impression until you get opposite exit 2 where the road now indicates North or South.

That road gives the distinct impression that there are 2 lanes onto the roundabout for the A441 and 2 lanes around the roundabout so it would be expected that there are 2 lanes off at the A441(S) exit. It must come as quite a shock to people who do not know that roundabout to find that the RH lane is suddenly for Northbound at a point where they either have to continue around or attempt to cut across.

That is a prime example of a very poorly marked roundabout