Crash on a Roundabout - disputed liability

andyward82

My girlfriend was involved in a crash on a roundabout. Entirely not her fault. Basically, the woman in the car in front decided she didn't want to take the turn off and cut across both lanes to go right instead - completely cutting across my girlfriend's car causing a crash.

My GF has an independent witness and photos of the cars after the incident. The other driver admitted liability at the scene but has seemingly retracted this.

So, what happens now? Obviously we'd like to not have to lose any NCD or pay the excess because of this person's terrible driving but we've been told accidents are automatically 'joint liability' on a roundabout BUT we have an independent witness we can rely on.

So, what do we need to do?

Thanks in advance people.

InsideInsurance

andyward82 wrote: »

So, what happens now? Obviously we'd like to not have to lose any NCD or pay the excess because of this person's terrible driving but we've been told accidents are automatically 'joint liability' on a roundabout BUT we have an independent witness we can rely on.

So, what do we need to do?

You've been told wrong, there are no circumstances where liability is ever automatically one thing or another. It is however very common for liability to end up on a 50/50 basis on roundabouts because both normally claim the other party encroached into their lane.

If you claim off of your insurance you will need to pay your excess and then this can be recovered from the third party insurers. Without claiming on your insurance then your insurers are going to be in defence mode only and so will be much less proactive in pursuing the other party.

As liability is in dispute you cannot claim directly from the TPI and it probably isnt worth trying to argue liability yourself.

You could look at a claims management company who may be interested but probably not given the dispute on liability and no statement of an injury claim.



The first thing that needs to be done is a statement being obtained from the witness that will confirm both their independence and what they saw. Their thoughts on who is liable isnt relevant and generally isnt sort as ultimately they are not, normally, trained lawyers and so probably dont know all the caselaw.

Next step would be to jointly get a copy of the TP's version of events and get it to you for you to comment on and send the witnesses version of events to the TPI with strong worded letter telling them they are liable as the witness backs up your version of events (assuming it does)

Idiophreak

My dad had something similar a few years back. Result was they found he was at fault for "not ensuring the exit was clear" or somesuch. Wasn't impressed.

Strider590

andyward82 wrote: »

The other driver admitted liability at the scene but has seemingly retracted this.

Take no notice, the 3rd party insurance will always deny liability in the first instance, they probably haven't even got their clients accident report yet.

Wait it out, you've got a good 6 months ahead of you in this, just stick to the facts and wait.

leedsmodus

All claims on a roundabout are always dealt with on a 50 % basis, dual responsibility. On a r/b each is responsible for navigating, maneaovering their vehicles in accordance with the Highway code.
Very unlikely any Insurer will admit liability.
Never never have an accident on a r/b.

OddballJamie

leedsmodus wrote: »

All claims on a roundabout are always dealt with on a 50 % basis, dual responsibility. On a r/b each is responsible for navigating, maneaovering their vehicles in accordance with the Highway code.
Very unlikely any Insurer will admit liability.
Never never have an accident on a r/b.

That's simply just not true. I know someone who was hit from the side in a car on a roundabout by a truck that didn't stop to giveway. Insurance settled in his favour without any agro.

Guest101

I can see why its common to come out as 50/50, but its never automatic and an independant witness will certainly sway it in your favour.

bikingbarney

I had an accident on a roundabout similar to the op. The other driver was held fully responsible !

knightstyle

My DD had an accident on a roundabout a few years ago, insurance agreed it was 100% the other drivers fault. Her 16 year old car was written off, she had a nice new Clio free on hire for over two months while it was sorted, result!