50:50 liability following roundabout accident

BlueRain88

Good afternoon,

My partner was involved in an accident last week, and I was wondering if anyone could offer any advice for how we should proceed?

My partner was coming onto a 6-exit roundabout from a dual carriageway. She was in the right-hand lane as she was taking the 4th exit which is at about 3:00 if you're coming onto it at 6:00. Another driver came onto the roundabout in the left-hand lane to take the 5th exit (about 5:00). She went all the way around the roundabout in the left hand lane without indicating. My partner went to exit the roundabout at the 4th exit, and the other driver cut across the front of her and the collision occurred.

Having swapped insurance details, the matter has gone to the insurer (Tesco), who have informed my partner that she is 100% at fault as she didn't check if anyone was in the outside lane before taking the exit. They have, without permission, sent correspondence to the other driver's insurance claiming 50:50 liability. Having spoken to 4 different people at the claims team, she has now commenced a formal complaint procedure.

A few other factors that should be considered:
- The other driver was driving a courtesy car, as her car was in for repairs following another collision
- The other driver was not wearing shoes
- The other driver acknowledged at the scene that she 'never knows what lane to be in'
- This accident/incident has aggravated a pre-existing back injury that my partner suffers with

Is it worth taking this any further?

Many thanks,
Andrew

Retrogamer

It sounds like 50:50 is best as you will get.

The third party not wearing shoes is a red herring as it has no affect on liability from the description you made.

It sounds as if you wife has moved from the inside lane, to the outside lane to her exit without making sure it was clear to do so.

somethingcorporate

Who changed lanes?

If your partner pulled into a lane that was already occupied there is only one person at fault here although 50/50 may be the way that it goes.

Not sure what driving a courtesy car would have to do with it or wearing shoes, doesn't matter if they were in the wrong lane either if they remained in it and your partner drove in to them.

BlueRain88

Hello and thank you for your replies.

Her argument to the insurance company was that if someone were to do laps of a roundabout in the outside lane ad infinitum, then if someone crashed into them it would be the other person's fault? Did the other driver not cause the accident by being in the wrong lane to begin with, and not giving any warning of what she was doing? It seems like my partner is 100% at fault for not avoiding an accident waiting to happen.

Many thanks.

somethingcorporate

That's a pretty poor argument.

The fault is with the person changing lanes. If you move into a lane with someone else in there is no way that person who made no manouvre could be at fault, whether or not they know where they are going.

Sorry, chalk this one up to experience and pay more attention when changing lanes.

BlueRain88

Fair enough. Thank you for your replies, and have a great day

teddysmum

I ,also, would say that the person changing lanes was at fault and unless the other party made a manoeuvre without signalling, they cannot be blamed just for not signalling.


Regarding the pre-existing injury: I had a no fault collision recently and the other party's insurer has offered to compensate for my extra suffering, at least , as my back condition (not through injury) has been aggravated , but if my neurologist finds longer term damage, the payment will increase.