Car accident - I would like peoples honest oppinions please...

joeyjennings

I would like to know peoples opinons on this, i have descirbed to the best of my ability below what happened. The other driver is claiming that i did not give way, but if you read below you would clearly know that he is wrong. This is now in despuite with both insurances and just wanted another persons view for closure. I have a solicitor who says it wasnt my fault, and so has my insurance, but its made me angry what the other driver has done.

Thank you for reading this, all comments welcome.

I was working on the day of the accident, and was asked at roughly 11:25am to go to the shops and buy some milk. The road that the accident has happened on has three small round about and i was onto the second one, leading to the third, as the round about lead off to different parts of the retail park. I approached the round about with caution, looked both ways, and continued as it was all clear (to drive across the round about). I am then nearly off the round about and then i hear this massive bang hit my car and push my whole car to the left, which felt like my car had lifted and it pushed my car to the kerb (He was turing right as i wanted to go straight ahead. But i was already on the round about, nearly off it as well). I then stopped and moved my car onto the pathway and so did the other car. The car had came around the round about too fast and did not look, and instead of going around the round about he had just mounted the round about (the round about have nothing inside the, just a higher level of painting to mark thats the round about) if he had gone around the round about like he should have, he would have missed my car completely, as i was nearly off the round about, thats why he hit the back rear tyre of my car, which is why the police officer immediately told him he was at fault, which he did not like.

Further more, i got out of my car to see if the other driver was okay, and was hit with a massive amount of swearing and abusive comments. His hands were up in the air and pointing all over the place, i then tried asking him again if he was okay but he just kept on shouting and talking over me, embarrassing me in front of everyone around. I noticed he had a piece of pen and paper in his hand and was screaming at me for my insurance details, which i thought was an odd thing to do as soon as you have had a crash, i would have thought people would make sure everyone is okay. I then got in my car and phoned my mum, because i was so un-sure of what to do next. He resulted in banging on my window and trying to open my door, i told him 1 minute then locked myself in my car to which he returned to his car after repeatedly banging on my window while i was very upset on the phone to my mum. I then had spoken to my mum who heard all the banging and screaming and she told me to ring the police, which i then did as my mum was on her way. The police women told me to keep calm and then within about 40 seconds a riot van and police can pulled up and they came to me.

The police officer said, not written on paper of course, that by the sounds of it it clearly looked like it was his fault. All of a sudden when the police arrived Mr. Wood suddenly became very cautious and stayed in his car. The police offer asked me to tell her what had happened, which i did. She then told me that she had informed the driver that he would not be given any of my details because of the way that he had acted and he had been told to leave the scene, which he did. I then had a brief chat with the police offer who told me to calm down, and that it was now left to me but i had done the right thing in calling the police as i was scared it was going to turn into a fight.

silvercar

I had a roundabout accident similar to yours.

In non-roundabout situations, the assumption is that the person who hit your rear is at fault. On roundabouts it is less clear cut because anyone already on the roundabout has right of way and you "nipping in" to the roundabout, ahead of someone already on it, causing them to rear end you, would be your fault.

That said, going over the roundabout markings is a fault and that puts them at fault. As does speeding.

Could end up your word against theirs. Don't settle for a knock-for-knock insurance deal as that will count as a claim on your policy, so you may as well pursue it.

In my case, we ended up in court. Very easy and non threatening. I said I was on the roundabout and was rear ended by someone entering the roundabout too fast and rear ending me. They said that they were already on the roundabout and I nipped in ahead, braked due to traffic on the roundabout and they therefore couldn't avoid bumping me. The judge had to decide based on statements and questions. Luckily the judge decided in my favour.

The court case was in a low level court, all around a big table where the judge produced toy cars and paperweights (the roundabout) and asked us both to demonstrate what happened. Don't feel inhibited, the judge won't tolerate shouting in court.

joeyjennings

Thanks so much for commenting back, I have really been unsure about this. I was already about to leave the round about, I was more than half way onto it, he had spun round and probably thought he would miss me but didn't and hit the number above the drivers side (back wheel). I really don't think this was my fault? He did clearly not look and could have breaker but he didn't, he has now filled a claim against me saying I did not give way, but this is ludicrous because how can this be when I already was on the round about and he has hit me?

I'm really worried because this whole experience is scaring me and I just needed some help really. My solicitors said it would be straight forward case but because he has claimed it needs to be reviewed now and I am waiting to hear back from my solicitors, but they said they have 15 days to respond. But because he has claimed, I don't think it will be good news.

Any more input from anyone would be helpful.

Thank you in advance

joeyjennings

To say again, he mounted the round about. If he had gone across the round about like you are suppose to do he would have never had hit me

prowla

These mini-roundabouts are stupid; some of them are nigh-on impossible to drive around, so you do have to cut across them.

However, cutting across them and running into someone puts you in the wrong, as the rules say you have to go around them.

I have to say though, how could someone decide it was safe to proceed and not take into account the oncoming car?

joeyjennings

Was the last part in reference to me or the other drive prowla?

silvercar

joeyjennings wrote: »

Thanks so much for commenting back, I have really been unsure about this. I was already about to leave the round about, I was more than half way onto it, he had spun round and probably thought he would miss me but didn't and hit the number above the drivers side (back wheel). I really don't think this was my fault? He did clearly not look and could have breaker but he didn't, he has now filled a claim against me saying I did not give way, but this is ludicrous because how can this be when I already was on the round about and he has hit me?

I'm really worried because this whole experience is scaring me and I just needed some help really. My solicitors said it would be straight forward case but because he has claimed it needs to be reviewed now and I am waiting to hear back from my solicitors, but they said they have 15 days to respond. But because he has claimed, I don't think it will be good news.

Any more input from anyone would be helpful.

Thank you in advance

Don't be intimidated. it sounds like you have a good case and your solicitor wouldn't be backing you if they thought it wasn't worth pursuing.

From his point of view, if he only has 3rd party insurance or is not interested in keeping a no claims record, he has nothing to lose by pursuing.

If you are going to go to court, you are going to have to firm up on your language, be definite in that you know it wasn't your fault - you weren't cutting over the roundabout markings, you weren't failing to brake, you weren't bumping into someone else's car.

From your writing it sounds like you are fairly young and nervous about it all, he is probably thinking he can exploit this.

Kimberley

In future get a dash cam and rear cam. Best investment for proving who is at fault in insurance claims x

joeyjennings

Thanks for the reply.

Yeah I am 19 years old, but I didn't want to put my age people I didn't want people to assume that I am some thug with a old done up car who doesn't care, because it's not the case. This was not my fault and I didn't want my age to be a factor in people's opinions.

I really hope so, everyone who I spoke to said it wasn't my fault. It's in the police report, my solicitors said it wasn't my fault, even when I rang and informed my insurance for information purposes only they said I had a good cause. I just can't believe he is doing this knowing it was his fault, but I guess you're right about how he has nothing to loose.. It just makes it worse off for me, who actually hasn't done anything wrong. I don't want to be fearful of the fact I might have to pay for something I haven't done, especially at my age, I've nearly got 2 years no claims bonus and it could all go wrong. I would probably have to give up my car as I go to university now and couldn't afford my insurance going up. Feel so lost about what might happen.

keith1950

Hi, unfortunately even if everything works out ok and you don't lose any ncd, you premium will rise at renewal and for the next 5 years because you are now perceived as being a higher risk.

Do some dummy quotes putting the same ncd but putting that you have had an accident ( whether or not it was your fault) and if there's much difference have a word with your solicitor about claiming for this rise.

silvercar

joeyjennings wrote: »

Thanks for the reply.

Yeah I am 19 years old, but I didn't want to put my age people I didn't want people to assume that I am some thug with a old done up car who doesn't care, because it's not the case. This was not my fault and I didn't want my age to be a factor in people's opinions.

I really hope so, everyone who I spoke to said it wasn't my fault. It's in the police report, my solicitors said it wasn't my fault, even when I rang and informed my insurance for information purposes only they said I had a good cause. I just can't believe he is doing this knowing it was his fault, but I guess you're right about how he has nothing to loose.. It just makes it worse off for me, who actually hasn't done anything wrong. I don't want to be fearful of the fact I might have to pay for something I haven't done, especially at my age, I've nearly got 2 years no claims bonus and it could all go wrong. I would probably have to give up my car as I go to university now and couldn't afford my insurance going up. Feel so lost about what might happen.

Really you have no need to feel like this.

Worst case: you go to court, you lose, your insurance pays out. You have 1 claim against you on your policy and lose this years no claims. You get stung for the excess cost in getting your own car repaired. Longer term, as soon as you reach 21 your insurance costs will drop in any case.

Best case: Other side accepts blame before court, their insurance pays out. You declare that you have had one no fault accident on your insurance.

Middle way: Knock for knock settlement, you both pay for your own damage, you both declare it on insurance. 1 claim, 1 yr no claims gone. Or you decide not to claim the cost of your repair and pay it yourself. That way you only have to declare a no cost claim on the insurance.

There really is no need to feel intimidated. In fact you now need no contact with the other guy, tell him to go through insurance and leave you alone!