Accident for the first time - Please help

wiseguy80

Hello,
I had a nasty accident last evening, first time it has ever happened to me and makes me realise how much of a hassle it is.

The accident happened on a small 3 ways round about. I was going straight when a car hit me from the right. They were not indicating and I can swear they accelerated and turned right as I entered it. Anyway it's done now There were four blokes, who gave their insurance details, took mine and drove off. I called the police and arrange the car to be recovered back to my house after being advised by the insurance's accident claim helpline.

I called insurance helpline again to progress this. Gave all the details and was told that a car company would call me up for courtesy car. It was when I talked to the courtesy car company that I found out that it was accident management company (Action365) who was dealing with an accident.

Looked at my insurance and saw it was underwritten by Zenith to call them up. Zenith insurance says they cannot provide a courtesy car until the fault is determined. The third party is underwritten by them as well.

I don't know what to do now. Whether should call Action365 again and let them sort it out or to deal directly with Zenith. Looks like going directly with zenith, I would be shafted as they would put to do it 50/50.

I really need a car. Not sure how to proceed with that. Also not sure how to proceed.

Spicy_McHaggis

Hit from the right at a roundabout.
Do you have an independent witness?
If not you maybe found at fault.

matttye

Spicy_McHaggis wrote: »

Hit from the right at a roundabout.
Do you have an independent witness?
If not you maybe found at fault.

Agreed - give way to the right is the most basic rule for roundabouts. Being hit from right sounds like pulling out in front of someone already on the roundabout.

DUTR

wiseguy80 wrote: »

Hello,
I had a nasty accident last evening, first time it has ever happened to me and makes me realise how much of a hassle it is.

The accident happened on a small 3 ways round about. I was going straight when a car hit me from the right. They were not indicating and I can swear they accelerated and turned right as I entered it. Anyway it's done now There were four blokes, who gave their insurance details, took mine and drove off. I called the police and arrange the car to be recovered back to my house after being advised by the insurance's accident claim helpline.

I called insurance helpline again to progress this. Gave all the details and was told that a car company would call me up for courtesy car. It was when I talked to the courtesy car company that I found out that it was accident management company (Action365) who was dealing with an accident.

Looked at my insurance and saw it was underwritten by Zenith to call them up. Zenith insurance says they cannot provide a courtesy car until the fault is determined. The third party is underwritten by them as well.

I don't know what to do now. Whether should call Action365 again and let them sort it out or to deal directly with Zenith. Looks like going directly with zenith, I would be shafted as they would put to do it 50/50.

I really need a car. Not sure how to proceed with that. Also not sure how to proceed.

You can pay an extra premium for a courtesy car, if you are the non fault party then the repairers will often supply a car whilst your one is in for repair.
I agree with the other two posters though, it appears you are the at fault party from what you describe.

arcon5

If the car on the roundabout was going straight on why on earth would he be indicting? And which indicator would he even use for straight on?

Sounds to me like you pulled out in front of a car on a round about and got side swiped. If the end result was 50:50 then you would have had a spectacular outcome. But I suspect he'd dispute this and be pushing for 100%.

straighttalker

I'm not sure how the fact that the approaching third party vehicle not indicating can help your case. Surely if they weren't indicating, there was no positive signal from them that they were intending to turn left ie into the junction that you were pulling out of so why would you enter the roundabout with a car approaching from your right?

Also, most people when they are involved in a collision which could be regarded as their fault seem to blame speed as a factor. Speed on it's own is not an indicator of negligence.

I doubt you'll be able to get a hire car from the accident management company as once they're assessed liability, they will consider your position is too risky to incur hire charges which may not be recoverable from the third party.

Personally, I reckon at best you might get a 50/50 split on liability. At worst you could be deemed to be 100% at fault. The questions that any decent barrister will ask you at a trial would be:

When did you first see the third party vehicle approach?
Why did you not give way to a vehicle approaching from the right?
What made you think you could enter the roundabout without a collision occurring?
Did the third party vehicle indicate upon joining the roundabout?
If it didn't indicate, what made you think it would take a certain exit?

wiseguy80

arcon5 wrote: »

If the car on the roundabout was going straight on why on earth would he be indicting? And which indicator would he even use for straight on?

Sounds to me like you pulled out in front of a car on a round about and got side swiped. If the end result was 50:50 then you would have had a spectacular outcome. But I suspect he'd dispute this and be pushing for 100%.

Yes, that's what I was saying they were going straight so no indicator and then turned right to hit me.

The recovery person told me he it seemed staged but yeah I agree the odds are against me. It's unexplainable. They were so quick in writing their details and taking mine after the incident. I was flustered to say the least. Called the police and everything.

I don't have legal cover on my insurance. Think i should just go straight with Zenith. The more the intermediaries the worst it gets.

ariba10

If you are on a roundabout you will be turning right!

Unless you are coming off. (In this country anyway)

GwylimT

Were they on the roundabout before you merged? Surely the only way they can be at fault is if the roundabout has move than one lane, they entered after you and moved from the left to right lane, but this would hit the left hand side of your car. There are no right turns on roundabouts, apart from actually driving around it, so did you fail to give right of way preventing them from stopping as they turned left to attempt to take their exit and therefore hit you on the right hand side of your car.

wiseguy80

ariba10 wrote: »

If you are on a roundabout you will be turning right!

Unless you are coming off. (In this country anyway)

You are right sir. I understand what you are saying.

straighttalker

If the roundabout was was a "small three way" roundabout as you describe, surely there couldn't have been a straight ahead option for the third party vehicle? There would have been the lane which he approached from, the lane which you approached from and finally the exit leading off from the third party's right?