help with my car accident claim please

InsideInsurance

repoman123 wrote: »

Some roundabouts don't have any markings (or traffic lights etc) at all, however, obviously as drivers you should know what you're allowed and not allowed to do. What would be your opinion on accidents at these roundabouts?

In this instance, there aren't any arrows printed on the road but if you're driving round the left (outside) lane of the roundabout and you're approaching that exit, you have no choice but to take the exit. If you don't it defeats the purpose of there being two lanes on the roundabout and also on the exit, right?

If what the third party driver did was correct, then those on the inside (right) lane of the roundabout never have an opportunity to exit the roundabout as they risk hitting a car or being hit by a car.

After the accident, the driver also admitted to me that they had never been in that area before, including never having driven on that road. They were lost and attempting to follow their sat nav at the same time. They actually asked me for directions and as it turns out, they should have taken the exit to get to where they wanted to go.

I guess if you see it that way then others will too. It's a shame the way these things work out.

Does anybody have any opinions on using one of these no win no fee type solicitors? The ones that you see advertised on TV all the time.

Thanks in advance.

The highway code states:

186
Signals and position.
When taking the first exit, unless signs or markings indicate otherwise

• signal left and approach in the left-hand lane
• keep to the left on the roundabout and continue signalling left to leave.

When taking the last exit or going full circle, unless signs or markings indicate otherwise

• signal right and approach in the right-hand lane
• keep to the right on the roundabout until you need to change lanes to exit the roundabout
• signal left after you have passed the exit before the one you want.

When taking any intermediate exit, unless signs or markings indicate otherwise

• select the appropriate lane on approach to and on the roundabout
• you should not normally need to signal on approach
• stay in this lane until you need to alter course to exit the roundabout
• signal left after you have passed the exit before the one you want.
• When there are more than three lanes at the entrance to a roundabout, use the most appropriate lane on approach and through it.

By the above as there are no roadmarkings to the contrary then you can be in either lane as it was not the last exit for either of you.

The 2nd lane on the roundabout, unless marked otherwise is mainly intended for the last exit of the roundabout. Of cause different people join at different points and so what the last exit is is different for people on the roundabout at the same time. Effectively when you move from the 2nd lane across the 1st lane to exit you should treat it the same as any other time you change lane and give way to other road users already established in that lane.

repoman123

Hi InsideInsurance,

Thanks for your input. In the aerial image you see, the last exit (at 7/8 o'clock) is actually a dead end. It doesn't lead to anything, there is a big electrical power line tower there so I think that exit is only used for national grid people. The dead end is just cut off by the image. Does this not mean that the 6 o'clock exit was, in fact our last exit? The third party was (not deliberately, as they were lost) attempting to exit in the road that they entered. If this is the case they should have joined the roundabout on the right lane (where I was).

With the way that the traffic lights work on this roundabout, if a car is beside you, they would have joined at the same entrance as you. It is impossible for the third party car to be next to me (as appose to the opposite end of the roundabout) and have joined at a different road onto the roundabout.

I joined the roundabout on the right lane, so I am forbidden from taking a left or going straight over the roundabout (at this particular roundabout). In the same way, the third party that joined in the left lane and is forbidden from doing a U-turn on the roundabout to leave the roundabout on the same road that they joined, or even that dead end road for that matter.

(edit: forbidden in the sense that if either of us want to switch lanes, we have to do the usual mirror, signal, move etc. Their car was not indicating at all, where mine was).

Despite us not agreeing, I appreciate your input on this. I am trying to be as unbiased as possible and I do strongly feel that the third party was in the incorrect lane in this case.

InsideInsurance

repoman123 wrote: »

Thanks for your input. In the aerial image you see, the last exit (at 7/8 o'clock) is actually a dead end. It doesn't lead to anything, there is a big electrical power line tower there so I think that exit is only used for national grid people. The dead end is just cut off by the image. Does this not mean that the 6 o'clock exit was, in fact our last exit?

The problem with liability/ negligence is that there are no hard and fast rules. Our legal system is based on common law, effectively the courts should follow their own previous rulings, but even that is not strict as the judge can decide there are sufficient points of differentiation that a previous ruling on a similar accident shouldnt apply.

Cases are often won and lost over insurers/ solicitors ability to find similar cases and arguing why their example is closest to what happened in this particular case. Without case law it basically comes down to the judge to decide what is "reasonable" but with most judges being older middle/ upper class men their views may not mirror yours or mine.

Does the fact the next exit dead end change things? I cant think of any case law where this has been argued. I guess it also depends on how its illustrated on the roadsign as you approach from the entrance that the pair of you entered on but even then obviously someone may well still take it for whatever reason.

My opinion remains the same, a good result for you will be a 50/50 settlement. That isnt to say its "right" and not to say that I wouldnt open the game trying to hold the TP liable but if a 50/50 offer was given I'd have been recommending that you accept it.

If you cross someone elses lane you will almost never be able to prove they are 100% liable. (If road markings moved the lane off the roundabout then you wouldnt be crossing their lane)