Car accident, going to court?

Strider590

!!!!!! wrote: »

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

The 441 has two exits off that island, exit 3 and 4.
RH lane is for exist 4
LH lane is for exit 1, 2 and 3

kinh

rs65 wrote: »

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

I have no idea, insurer is co-op young drivers insurance.

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?

Not sure if serious or TROLL.

tasticz

kinh wrote: »

I have no idea, insurer is co-op young drivers insurance.



Not sure if serious or TROLL.

Edited ......

System

Strider590 wrote: »

The 441 has two exits off that island, exit 3 and 4.
RH lane is for exist 4
LH lane is for exit 1, 2 and 3

That may be the way that you use it but there is absolutely no indication either on the approach or on the roundabout (until you get to exit 2) that the right hand lane is for anything other than continuing on your journey south on the A441.

Until you get to exit 2, the RH lane is valid for A441(S). I Have never come across a roundabout where the approaching right hand lane is intended (but not marked) just for doubling back on yourself.

ETA.

Looking at that roundabout more closely, there were originally 2 lanes exiting south which merge shortly afterward. They have reduced this to one (hence the hatched markings), presumably due to accidents and congestion, HOWEVER they have failed to update the road markings to reflect the change in the road layout.

My point stands it is a poorly and confusingly marked roundabout where the highways people have only done half a job.

Strider590

^^ The road markings....

Gavin83

Whos your witness?

kinh

Gavin83 wrote: »

Whos your witness?

does it matter? its an independent witness.

cajef

dggar wrote: »

Is it this accident by any chance?

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

Remarkable coincidence, identical accident and even the same insurance company and policy.;)

21-11-2012 00:22

• TrueUnitedFan

Co-Op Young Drivers Insurance is actually not bad.

lister

vikingaero wrote: »

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.

I may be one of those 'spazzy' instructors, and on the basis of what is written so far in the thread, I can't see you have any evidence for whose fault it was.

Without knowing what the lane markings on the roundabout itself are it is impossible to say. If the OP was in a marked lane on the roundabout, whose markings guides cars off and into the new road (a spiral roundabout), there is a case for it being very much the 3rd party in the wrong.

If there are no lane markings, or the OP has had to cross lane markings to leave, the OP is very much in the wrong, and there is plenty of case law to back this up. They may have been in an appropriate lane, but leaving a roundabout without making sure your path is clear falls well within the bounds of careless driving.

Regardless, both parties should reflect upong rule 187 of the Highway Code:

"In all cases, watch out for and give plenty of room to:

Traffic crossing in front of you on the roundabout, especially vehicles intending to leave at the next exit

Traffic which is straddling lanes or may be positioned incorrectly"

And regardless of who may be more at fault in law, as with most accidents/incidents/collisions, this could have been prevented by either or both parties having better roadcraft.

bikingbarney

I had a similar accident to this on the A38 near rubery in Birmingham.

I was in middle of three lanes to take the 2nd lane of the 1st exit(as direceted by road markings)

3rd party was in left lane which according to road markings was 1st lane of 1st exit.

He basically wanted to go all the way round the island and in doing so drove straight through me.

took nearly 2 years for insurance to sort out, intially they wanted to settle 50/50 then his insurance wanted me to accept full liability.

After they had finally recieved a copy of my statement, copies of my photos etc they then decided thier insured was at fault.

good luck !!