Accident Last Night - Not at fault

Chalk07

Hi All,

After some advice/help really!

I was involved in an accident last night, turning right at a roundabout that has two lanes upon roundabout entrance and exit. I exited the roundabout and someone cut me up and came into the lane I was in and didn't look like they were going to stop. I had to swerve to avoid hitting them and subsequently hit a lamppost.

Luckily, as it's an entrance to a tunnel, the police were basically on the scene and saw it happen. I also had a witness that confirmed what had happened who said it was the other persons' fault, whose details I have. The 3rd party's car was not damaged at all and mine has been deemed a write off by the police and AA (not yet been assessed by my insurance company), my body is aching all over and I'm 99% sure I have whiplash (not trying to sound like the typical accident victim.)

The police interviewed both myself and the 3rd party and according to his statement from the police, he has basically accepted he was at fault. At no point did he apologise to me, see if I was ok etc. I guess he didn't want to disclose anything in case it is used against him in future!

Due to his car not being damaged at all, where do I stand? Will my insurers assume it's my fault? The car was bought with finance and I don't have GAP insurance , it was only purchased in October last year, and it's a used car .

I'm just really worried it's going to be a very long process and I have no car to drive in the meantime to and from work and running my son around, and my premiums will increase. Someone has advised I use a company called Accident Exchange, does anyone have any experience with these guys?

If anyone has experienced anything similar and can provide any advice at all that would be great, feeling very much isolated with a huge amount of information being thrown from all kinds of directions and little knowledge on the subject

Thanks!

bigisi

Normally roundabouts go 50:50 with no witnesses but it sounds like you've got plenty to back up your side of things so I can't see a claim being an issue.

benten69

If he has accepted liability to the police and you have witnesses then you have nothing to worry about. Your insurers will claim off his and if he tries to change his story you can fall back on the police statements & witness'. Also, did you get the collar number (badge number, if you will) from the officers there? As this will help also.

System

To be a write off from hitting a lamp post you must have been going at some speed, may I suggest going a bit slower? Also it is very very rare for both lanes entering a roundabout to be used to turn right. The left lane as you'll remember from your driving lessons and driving test is typically to be used to turn left or go straight on and only used to turn right if the arrows on the road depict it. Therefore it is quite possible that given the other driver was navigating the roundabout correctly he didn't expect someone to be trying to undertake him.

The above is going to be quite a valid argument his insurers can put across if the damage on your car is that bad because you don't damage a car that badly hitting a lamp post if you're navigating it at a sensible speed and you'd most certainly have time to brake. I'd prepare yourself for a possibility of a 50/50 claim because even though the police were in attendance you have contributed to some extent. I'm guessing the police didn't charge him with anything so whilst he may have said it was his fault to them that doesn't follow that he was driving sufficiently badly to warrant action by the police.

Your insurance company can write to the police if they have been present.

Chalk07

Tarambor wrote: »

To be a write off from hitting a lamp post you must have been going at some speed, may I suggest going a bit slower? Also it is very very rare for both lanes entering a roundabout to be used to turn right. The left lane as you'll remember from your driving lessons and driving test is typically to be used to turn left or go straight on and only used to turn right if the arrows on the road depict it. Therefore it is quite possible that given the other driver was navigating the roundabout correctly he didn't expect someone to be trying to undertake him.

The above is going to be quite a valid argument his insurers can put across if the damage on your car is that bad because you don't damage a car that badly hitting a lamp post if you're navigating it at a sensible speed and you'd most certainly have time to brake. I'd prepare yourself for a possibility of a 50/50 claim because even though the police were in attendance you have contributed to some extent. I'm guessing the police didn't charge him with anything so whilst he may have said it was his fault to them that doesn't follow that he was driving sufficiently badly to warrant action by the police.

Your insurance company can write to the police if they have been present.

Wow - I didn't expect such a patronising reply. :rotfl:

Assumptions aside, I was not in the left lane. I was in the right-hand lane to turn right and he was in the to the left of me. I was not going too fast, I'd say a standard speed at a roundabout in rush hour. I didn't have time to brake as he cut me up as I was pretty much upon exit of the roundabout where an island separates oncoming traffic. I hit the curb and then hit the lampost on the far right of the car, which subsequently pulled off the complete front side of the bumper and smashed in my driver side headlight.

I'm not requesting action by the police at all, or even asking to charge him with an offence. I'm asking for advice with regards to being fobbed off by my insurance company and where i stand. :huh: :sad:

spadoosh

Tarambor wrote: »

To be a write off from hitting a lamp post you must have been going at some speed, may I suggest going a bit slower? Also it is very very rare for both lanes entering a roundabout to be used to turn right. The left lane as you'll remember from your driving lessons and driving test is typically to be used to turn left or go straight on and only used to turn right if the arrows on the road depict it. Therefore it is quite possible that given the other driver was navigating the roundabout correctly he didn't expect someone to be trying to undertake him.

The above is going to be quite a valid argument his insurers can put across if the damage on your car is that bad because you don't damage a car that badly hitting a lamp post if you're navigating it at a sensible speed and you'd most certainly have time to brake. I'd prepare yourself for a 50/50 claim at best.

Your insurance company can write to the police if they have been present.

You dont know what speed they where going but know they where going too fast.

Dont know what roads they where on but suggest they might not have used them appropriately.

And under some impression that a car cant be written off at low speeds. Got some news for you. My car was written of hitting someone at 4mph (they did a u-turn from the left lane of two right turning lanes, i know right!) and to add on to that theres at least 4 roundabouts locally to me that are your 'very very rare' roundabouts where there is two right turning lanes. I think they all act as overtaking areas in an otherwise long stretch of single carriageway.

ratrace

Chalk07 wrote: »

Wow - I didn't expect such a patronising reply. :rotfl:

Lol, dont take it personal forums are full of replys like the above, you ask a simple question expecting a simple reply but the forum police love to turn into investigators and make long winded assumptions i suppose it makes them feel great, you get used to the bs after a while.

Hope it all works out for you, just as a side note please if you can buy a dash cam they are worth it in incidents like this

Chalk07

ratrace wrote: »

Lol, dont take it personal forums are full of replys like the above, you ask a simple question expecting a simple reply but the forum police love to turn into investigators and make long winded assumptions i suppose it makes them feel great, you get used to the bs after a while.

Hope it all works out for you, just as a side note please if you can buy a dash cam they are worth it in incidents like this

Thanks - I know, was discussing this literally 2 days ago with someone in work and was going to buy one. Nightmare!

onomatopoeia99

Tarambor wrote: »

To be a write off from hitting a lamp post you must have been going at some speed, may I suggest going a bit slower?

Not really - it's a second hand car, you don't know how much it is worth. Further, with the damage to the collapsible structures in moderns, the repair costs follwing an impact mount up very fast.

Car_54

Chalk07 wrote: »

Assumptions aside, I was not in the left lane. I was in the right-hand lane to turn right and he was in the to the left of me. I was not going too fast, I'd say a standard speed at a roundabout in rush hour. I didn't have time to brake as he cut me up as I was pretty much upon exit of the roundabout where an island separates oncoming traffic. I hit the curb and then hit the lampost on the far right of the car, which subsequently pulled off the complete front side of the bumper and smashed in my driver side headlight.

OP, you said "I exited the roundabout and someone cut me up and came into the lane I was in" and now "I was in the right-hand lane to turn right and he was in the to the left of me".

So, to exit, you must have crossed the LH lane. Where was the other car when this took place?

neilmcl

If you give us the location via Google maps it might help make a bit more sense as to where you were in relation to the other car etc.