Car accident - was it my fault?

laurencecockayne

I'm convinced a car accident wasn't my fault. It happened this morning. I've reported it to my insurer and they say that it sounds like it wasn't my fault.

Wondering if anyone with any knowledge of this can comment?

Two lane roundabout with a 2 lane entrance, two lanes on left hand exit and two lanes on right hand exit. Also an exit straight ahead which is one lane.

Left lane on entrance to roundabout is marked for left, or straight on. Right lane on entrance marked for right.

I was in right lane, i've entered the roundabout, indicating right, gone round the roundabout and i'm just taking my exit (which is the third).

A lady in the car next to me was in the left hand coming onto the roundabout, didn't go left or straight on. She stayed in the left lane all the way round - this is incorrect as per the road markings.

She is along side me, we are pretty much side by side. she was maybe slightly ahead of me but only by a metre or 2.

So she is in the wrong lane. i intend on exiting the roundabout into the right hand lane. Remember the road we are entering is a dual carriageway - two lanes. Instead of taking the exit into the left lane of the dual carriageway, she cuts across me. My front passenger side wheel area and just in front of the wheel (the corner of the car) collides with her rear right hand side just in front of the wheel arch. I had no chance of braking in time, she wasn't even a car length ahead of me when she cut across.

So the other driver has entered a two lane roundabout in the left lane and has maintained position in the left lane all the way round and intends on going back down the round she just came off of! Has cut across me giving me no chance of braking in time.

No witnesses or passengers. Her word on mine. She didnt admit guilt, and i dont know what account she has given to her insurance.

Any thoughts?

Thanks

Car_54

1. She was staying in lane lane. You entered her lane and hit her. She didn't cut across you, you cut across her. Your fault.

2. Not relevant to the collision, but in a two-lane DC you should be in the left lane unless overtaking. Why were you going into the right lane?

laurencecockayne

We weren't on a DC, we were about to enter into the DC. We never made it off the roundabout.

I didnt enter her lane at all. She was in the left hand lane, on a two lane roundabout - all the way round it. I was in the right hand lane of the roundabout, taking the 3rd exit (right hand side exit) of the roundabout.

When on a two lane roundabout, exiting onto a two lane DC, the left hand lane of the roundabout = left hand lane of DC and the right lane of roundabout = right lane of DC. I was sticking to this rule.

The other driver had no intention of even taking the exit, even though she was in the left hand lane. So she cut across my lane.

laurencecockayne

I think its also important to point out the entered the roundabout at the same time as me from the same entrance.

SuperAllyB

Morally I would say the other driver is at fault.

Legally, I don't know but I wouldn't be so sure. As she had already gone further round the roundabout than you would have expected for the lane she was in,.You probably shouldn't have assumed she was taking the same exit as you. As you have admitted she was further forward than you then you probably should have exercised more caution until you were sure of her intentions.

Rightly or wrongly, with no witnesses, I suspect 50-50 might be the best you can how for.

neilmcl

So let us get this straight are you saying that the other driver cut into your side of the roundabout or did you attempt to make your exit and collide with the other car?

laurencecockayne

The other car cut across me, at no point did i change lane. I was in the right hand lane of the roundabout about to exit and enter the right hand lane of the DC.

The other driver was in the left hand lane and cut across me to try and continue on round the roundabout.

laurencecockayne

I am trying to post an image of a sketch i have knocked up (i'm on a quiet night shift so plenty of time!) but because i am new i cannot post links. Any idea how many posts until i can post links?

laurencecockayne

Would someone be willing to post the link on my behalf if i PM them?

wesleyad

I'm with superally here, from a common sense and moral point of view it would be clear that you are in the right, no one would expect a driver in the left land to go all the way around.

However legally things are probably more murky. You say you didn't cut across her,but in fact you did.Think about as such.. you were in the right lane and she in the left. After entering the roundabout those lanes stay the same, they just happen to curve round. At the point you exit you leave your lane, you move across the left lane and you then rejoin the DC in the right lane.

The highway code also implies that these "lanes" stay as such:

"keep to the right on the roundabout until you need to change lanes to exit the roundabout"

That said I would like to think you were in the right as someone doing a full u-turn from the left lane is a hazard and clearly should not be doing that.

laurencecockayne

Thanks for your responses. There really was no chance for me to brake, we were side by side, with her probably a metre or so ahead. When she pulled across me i had no chance of stopping in time. Not because of the speed, we were only going about 10-15 mph but because we were close to each other in the first place.

We both had the right to be next to each other, the roundabout is designed for that. But she was in the incorrect lane for what she wanted to do but performed the move regardless of me being there.

I really do hope the car insurers see this. We'll wait and see.