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Driver denying liability accident on roundabout

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  • Tigsteroonie
    Tigsteroonie Posts: 24,954 Forumite
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    OP, is your insurer saying that it's 50:50 because you should changed lane (across the left lane) to go straight on (12 o'c exit), effectively cutting in front of the driver to your left who was in the wrong lane but hoping to go all the way round to the 3o'c exit?

    (I think I've just read this on MumsNet AIBU)
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  • I had similar this time last year..
    Guy hit my back wheel arch/bumper exiting the roundabout, he cut into my lane going to fast, he claimed I drifted into his lane.. no chance!

    It banged back and fore between insurance companies for 9 months, and they finally said as there were no witness, no dashcam, no cctv, etc, and we both denied liability that it was deemed 50/50, and we had to pay our £200 excess to repair the car as damage was quoted at £450...

    Really annoying that you pay insurance, someone hits you, and you end up out of pocket..
  • Quentin
    Quentin Posts: 40,405 Forumite
    ........ we both denied liability that it was deemed 50/50, and we had to pay our £200 excess to repair the car .

    You did get £100 of your excess back (as well as half of all your other uninsured losses)??
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
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    OP, is your insurer saying that it's 50:50 because you should changed lane (across the left lane) to go straight on (12 o'c exit), effectively cutting in front of the driver to your left who was in the wrong lane but hoping to go all the way round to the 3o'c exit?

    (I think I've just read this on MumsNet AIBU)



    If the OP hit the side of the other car then he couldn't have cut in front of him
  • unforeseen
    unforeseen Posts: 7,382 Forumite
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    Even worse then. The other vehicle was clearly in his view when he drove into it. Can't even claim he didn't see him.
  • dannyrst
    dannyrst Posts: 1,519 Forumite
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    Teapot55 wrote: »
    . . . unless the markings on the approach road and within the roundabout indicated that you could use both lanes for turning right . . . in which case it would be marked that for straight on you had to use the lh lane only.

    But the OP has said the left lane is for straight only, so why make irrelevant points?
  • peachyprice
    peachyprice Posts: 22,346 Forumite
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    dannyrst wrote: »
    But the OP has said the left lane is for straight only, so why make irrelevant points?

    So why wasn't OP in that lane? And did he indicate for the straight ahead exit?
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Nasqueron
    Nasqueron Posts: 10,723 Forumite
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    OP hasn't posted a link to the location but based on the description, there are 2 lanes, left hand lane is for straight on (6 o'clock to 12 o'clock) and right is for straight on and right (6 o'clock to 3 o'clock). The car in the left hand lane has tried to cut around in front of the OP and caused the accident as the OP has gone into them.

    UNLESS there are clear markings saying the left hand lane can be used to go right AND / OR the right hand lane is ONLY for going right and not straight on then the OP is not at fault in any way, shape or form.

    The highway code rule 186 makes it clear if you are going right you need to be in the right hand lane unless there are markings otherwise - the only realistic scenario where the OP could be at fault is if the left lane is for straight ahead AND right and the right lane is ONLY for right as it would suicidal for the road to allow the right lane to go ahead and the left lane allows right turns

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • Nasqueron
    Nasqueron Posts: 10,723 Forumite
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    So why wasn't OP in that lane? And did he indicate for the straight ahead exit?

    Because OP has stated that both lanes are for straight ahead.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • NBLondon
    NBLondon Posts: 5,700 Forumite
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    unforeseen wrote: »
    So if I read this right, the op changed lanes when it was not safe to do so
    Let's see the road markings... If it's a dual carriageway, with lanes 1 and 2 going through the roundabout, it may well be marked to suggest that lane 2 exits to lane 2 of exit 2 and thus the OP did not change lanes; the third party did.
    I need to think of something new here...
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