Roundabout accident not my fault

old_dinosaur

Hi writing this on behalf of my daughter. A van ploughed into her car. She was in the correct lane going straight on he was in the lane beside her, which is for traffic turning right However as the queues quicker he thought he could use this lane and then cut across traffic to turn left . Daughters car is small and black and it was dark as 6.30 am. Van belonged to company driver got out and apologised wasn't keen giving insurance details spoke on phone in a foreign language and then produced a card with insurance details. Daughter took photos of scene and damage as best she could. Later in day his company phoned offering money to stop insurance claim. Daughter in shock and later went to hospital as shoulder injury. Nothing heard from company for over a month. Daughter had to pay out for excess damage amounted to 3K and still paying for physio. Can't return to work due to physical nature of it and has lost out big time on overtime at Christmas. She has given a full statement and diagram of accident unfortunately no one stopped as a witness. Now over a month later her insur. Co. have received a fraudulent incomplete statement and a Google photo no diagram from the third party so her insurance Co. now say not enough evidence probably go 50 50. She paid for legal aid on the policy but they too don't seem to want to help her and are saying not enough evidence but have left it too late to get cc tv from the location. How does she prove that the manoeuvre he said she made firstly is impossible and seconly would not have caused the drivers side impact damage especially as he says he was behind her. Help needed ASAP please

Billy_Bullocks

To put it bluntly she can't.

Without an independent witness it looks like 50/50 is the best she'll get.

worried_jim

I always thought that it was up to the insurance company to decide as it's their money.

daveyjp

Without convincing evidence proving 100% fault on a roundabout is very very difficult and unfortunately insurance companies know this.

For example. His story says he made an error with the lanes, but signalled well in advance that the intention was to turn off and other car came up the inside and there was a collision.

Prove him wrong.

mac.d

Exactly as daveyjp says. When a guy cut across from the right of me while I was driving straight through a roundabout in the left hand lane, and only indicated as he pulled out into my path, my insurance company said that unfortunately a 50/50 claim was pretty much always the case with accidents on roundabouts.

almillar

He changed lane into hers. What part of her car did he hit? Are the lanes clearly marked?
Surely with enough evidence that she was in front, and didn't change lane, shows that his driving was sub par, he changed lane and hit a car. IF that's what happened...

fruitisbad

daveyjp wrote: »

Without convincing evidence proving 100% fault on a roundabout is very very difficult and unfortunately insurance companies know this.

For example. His story says he made an error with the lanes, but signalled well in advance that the intention was to turn off and other car came up the inside and there was a collision.

Prove him wrong.

He should have continued round the roundabout and done a loop.

ratrace

fruitisbad wrote: »

He should have continued round the roundabout and done a loop.

yes he should have but lots and lots of people dont unfortunately
this is why its very very important to have a dash cam installed in your car front and back, if you cant hardwire it in get a garage to do it for the sake of a £150 or so its not worth it

Altarf

fruitisbad wrote: »

He should have continued round the roundabout and done a loop.

Or she could have backed off and let him through.

old_dinosaur

Thanks for comments. Update he hit her sideways on large dent in her drivers door and he got out and apologised said he didn't see her. Means nothing unless you switch on record on your phone and front and back dash wouldn't have shown him as he came in from the side. Apex roundabout reknown for people coming down A1 southwards in outside lanes and then cutting across traffic to go left and yes he should have gone all way round but didn't and his van was hardly damaged and my daughter suffered damage not just to her car but is still off work with injuries and is so depressed as she loves her job but the physical nature of it means her GP won't let her go back. Having to pay out for physio as NHS backlog several weeks wait and has missed her bonuses at work. So unfair. If anyone out there was travelling down A1 early around 6.30 am 12th december and witnessed this please contact me ASAP.

[Deleted User]

Dashcam would show she was not at fault. Get one for next time, they are very cheap.

More relevant, the van might have had one. Check the photos, see if you can spot one in the windscreen.

Only thing you can really do is submit a complaint to your insurance company.