Minor accident - 50/50 and personal injury

Jo_King

Hi all. Sorry, I think this is going to be a long one.

A fortnight ago I had a minor accident at a roundabout. I was in the left hand lane to take the exit at 12 o'clock. Another driver on my right moved to exit the roundabout while I was going straight on. She knocked the front right of my car and damaged the left side of her own.

I've just heard from the insurer to say it will be a 50/50 fault. Apparently it doesn't matter that I was exiting at 12 o'clock, because I was taking exit 5 on an 8 exit roundabout? I honestly didn't know that rule - I've always gone by the clock face.

So, 50/50 apparently. I now have to decide whether to get the car repaired properly at a cost of £1800, or touched up for £300 (my excess is £150). On another note, I saw the nurse practioner at a walk-in centre and subsequently my own GP, who've told me that I have really bad whiplash. I was clueless - I didn't think it was possible because I was driving at 15mph, they were doing about 40mph. My GP said 'will you be claiming?' and when I said no, he said 'you're much, much worse that most people who ask for support making claims'.
2 weeks on, I'm waiting for physio. I can't sleep, am taking painkillers like sweeties, needing to use an icepack, and can't feel the side of my hand and lower arm.

I had my previous car crushed by a tree and written off two months ago. It goes on my insurance as my fault. Now I'm going to have to put a 50/50 claim on. My 15 years ncd is protected, but I fear this claim is going to send insurance through the roof. Should I just bite the bullet, claim for full repairs and make a claim for personal injury? Or just spend £300 on getting my car patched up, not involve my insurance, and hope it makes the effect on future insurance premiums less catastrophic?

Any advice welcome - I really don't know what to do next, and sleeplessness and pain are making me foggy brained! Thanks.

InsideInsurance

If it is 50/50 then the other side can claim 50% of their losses from your insurance and so if you claim or not is going to make minimal difference as there will almost certainly be a (partially) fault claim against the policy anyway.

dtaylor84

[QUOTE=Jo_King;65522243
A fortnight ago I had a minor accident at a roundabout. I was in the left hand lane to take the exit at 12 o'clock. Another driver on my right moved to exit the roundabout while I was going straight on. She knocked the front right of my car and damaged the left side of her own.

I've just heard from the insurer to say it will be a 50/50 fault. Apparently it doesn't matter that I was exiting at 12 o'clock, because I was taking exit 5 on an 8 exit roundabout? I honestly didn't know that rule - I've always gone by the clock face.
[/quote]

I think the various road signs and lane markings leading up to the roundabout, and on the roundabout, would be more relevant.

I'd use the "12 O'Clock" positions as a rough rule of thumb if there were no clues from the road signs/markings, but I'd expect there something on a large 8 exit roundabout.

On the other hand, exiting a roundabout from the inside lane without checking for traffic in the outside lane would seem to be very risky (except, perhaps, where there are clear lane markings indicating this should be done.)

chanz4

your claim for pi will also be 50%

[Deleted User]

Which roundabout was it? If we know we can look on Google and see the layout. Most 8 exit roundabouts have lane markings that make it very clear what the priorities are. Most likely the other car was changing lanes, in which case it is their responsibility to check that the space they are moving into is clear. You may well be able to argue it.

Jo_King

It's the Stretton roundabout with the M56 in Warrington. I was coming from The Stretton Fox (so no signs on approach). I was exiting for the M56 westbound. Stretton Fox is pretty much exactly directly across from the motorway slip road. There are no lane markings on the roundabout. The collision was at the Tarporley Road exit - the other car swung left from my right hand side.

Maybe I should have been in the right lane, maybe the left. I'm so weary at this stage I don't really know anymore!

rs65

Were you not taking the 3rd exit of 6 exits?

rs65

Ah, maybe the 4th of 6. Did the accident happen at the 3rd exit?

Its such a big roundabout I'm not sure if the approach/exit matters. Where did the other driver enter?

rs65

Tarporley Road looks like a 2 lane exit.

OP, why were you only doing 15mph?

Jo_King

It's a really busy roundabout. I was driving fairly slowly because the car in front had slowed to exit and I was keeping my distance. It may have been 20, but certainly no more than that.

In the pictures I took at the scene, the other driver has the back of her car piled high with bedding (or something like that). So she wouldn't have been checking her blind spot, or have been able to see what was just behind on her left.

[Deleted User]

Right, it looks like the exit has two lanes going down to the motorway. The other drive should not have changed lane, they could simply have take the right hand lane on the slip load. There is room for two cars on that exit to the roundabout, so I would tell your insurers that you don't accept any responsibility and point to the Google images you linked.

With that and the photos you took you should be able to argue it. If hey won't consider it mention the Ombudsman to lay on some pressure.