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Insurer wants me to settle 50/50 for accident

edited 21 March 2018 at 2:11PM in Insurance & Life Assurance
22 replies 8.2K views
SimpssSimpss Forumite
6 posts
edited 21 March 2018 at 2:11PM in Insurance & Life Assurance
Back in October I was involved in a car accident in which, as I was exiting a roundabout in the second lane onto a dual carriageway, a man drove right across the exit into the side of my car. He had come up from England and missed the turn off for his hotel, and tried to drive all the way round the roundabout in the wrong lane right into the side of me. At the time he seemed to admit fault, but has since claimed I was responsible and that I was in the third lane and wildly swerved to exit the roundabout without indicating, all of which is false. There was also a witness to the accident, who stopped to make sure we were ok and I believe was also the one who called the police to the scene of the accident. She agreed on the phone with my insurers to give a statement of events, but they say they haven't received anything back from her. Having text her myself she made out that she had replied to the questinnaires they sent out and that she had a copy and would resend, yet still they claim not to have received anything from her, and that she hasn't responded to calls and voicemail since. My insurance company is saying that they can't prove anything without her and that 50/50 is the best they can do.

I just can't accept that though, and I'm really unimpressed with how my insurer has handled things (Esure, if you're wondering. The last time I ever buy from them). They seem to be putting the minimal amount of effort in and even had me chasing up the witness for them, despite constantly reminding me that 50/50 isn't ideal for them either.

I was hoping to get some advice about a few things, as it is my intention to take this to court if I have to, but I have no experience or knowledge of how that would go. For starters, if it does go to court, I assume we would both have to be there in person? And I also assume it would take place in proximity to the accident? Is that right? I wonder if that alone would be enough to make them drop it since I am in central Scotland and they would have to travel up from England if that's the case (although it's hard to say since I don't know how much money they would stand to save since my insurer says they haven't received a price for the cost of damage to their vehicle, which seems strange to me).

And if it did end up in court, would I have a leg to stand on without a witness? In common sense terms, everything points in my favour. The fact I have driven that roundabout literally hundreds of times and he in comparison had never driven it before. The fact he had just missed his turn off, and was probably rather flustered as a result. The fact he tried to cut across a roundabout exit in the wrong lane, regardless of what my intentions were. None of which he disputes in his claim. In addition, his statement claims that I crashed into the side of his vehicle, which is provably false by the damage to both vehicles and surely casts doubt on his version of events. There is also the fact he does not mention the witness at all in his written statement and even goes so far as to say "No one else involved. No pedestrians." That to me seems like a pretty telling omission. Yet none of this actually PROVES anything, it's just highly suggestive. Is that enough? Or am I destined to lose if it goes to court?

Any advice would be greatly appreciated.
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  • dunstonhdunstonh Forumite
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    Roundabout being the key word in your post. Nearly all roundabout accidents are settled 50/50.
    He had come up from England and missed the turn off for his hotel, and tried to drive all the way round the roundabout in the wrong lane right into the side of me.

    In which case, you are lucky its 50/50. Driving around the outside of a roundabout, whilst generally regarded as wrong, does not give you the right to cross lanes in front of him.

    Morally, you may be right from the point of view of how you expect traffic to work on most roundabouts, however, from a liability point of view and the highway code, you changed lane, he didnt. Caveat being whether the lanes are painted saying otherwise.
    And if it did end up in court, would I have a leg to stand on without a witness?

    it wont end up in court. The insurers are not going to go for costs of court. Especially, when you consider how you describe it puts you at fault.
    In common sense terms, everything points in my favour.

    Actually, it paints a picture that is more likely to be your fault.
    . The fact I have driven that roundabout literally hundreds of times and he in comparison had never driven it before

    Irrelevent. You could drive it wrong every day and the other party could drive it correctly just once.
    The fact he had just missed his turn off, and was probably rather flustered as a result.

    or the "fact" that you were angry he got in your way and drove aggressively and caused the accident.
    The fact he tried to cut across a roundabout exit in the wrong lane, regardless of what my intentions were.
    or the fact you crossed the lane in front of him causing the accident.
    In addition, his statement claims that I crashed into the side of his vehicle, which is provably false by the damage to both vehicles and surely casts doubt on his version of events.

    if you changed lane to exit, then his argument sounds more plausible.
    There is also the fact he does not mention the witness at all in his written statement and even goes so far as to say "No one else involved.

    There was no-one else involved from what you say.
    Or am I destined to lose if it goes to court?

    without dashcam evidence, there is no evidence. Just two different stories and specifically, the markings on the roundabout.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • SimpssSimpss Forumite
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    dunstonh wrote: »
    Driving around the outside of a roundabout, whilst generally regarded as wrong, does not give you the right to cross lanes in front of him.

    I think you misunderstand, or maybe I just explained it poorly, but I did not cross lanes. I was in the second lane leaving the roundabout at the third exit, onto the second lane of the dual carriageway it leads to. I did not change lanes at any point. He was in the first lane, which essentially ends on the roundabout at the third exit, and he tried to cut across that, entering my lane and hitting the side of my car.
  • wongataawongataa Forumite
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    Can you post a Google maps link to the roundabout in question and state which exit is the one where the incident happened? This will make it clear to everyone what the lane markings are which may help things.
  • dunstonhdunstonh Forumite
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    Simpss wrote: »
    I think you misunderstand, or maybe I just explained it poorly, but I did not cross lanes. I was in the second lane leaving the roundabout at the third exit, onto the second lane of the dual carriageway it leads to. I did not change lanes at any point. He was in the first lane, which essentially ends on the roundabout at the third exit, and he tried to cut across that, entering my lane and hitting the side of my car.

    it would help if you gave us the google maps link. Until then we are guessing somewhat and using the typical scenaio but not all roundabouts are typical. WHich is why there is no 100% rule in the highway code when it comes to roundabouts.

    If the roundabout has two lanes on it and you were in the right lane and he was in the left lane, then for you to exit the roundabout, you have to cross the the left lane to exit.

    Some roundabouts have hatched road markings (or chevrons as they are sometimes known as). You are not meant to drive through a hatched road marking (caveats apply as you can in some scenarios and they can vary depending on whether the hatched markings are solid or broken). So, if he crossed a hatched marking, then your case is stronger.

    Take this roundabout below. Someone could effectively keep driving around the left lane all the way around. They are not meant but they would technically be remaining in their lane. Anyone in the right lane would need to cross the left lane to exit. It would be their fault if they crossed into the left and hit a car.

    image.asp?id=27&size=full&ext=.jpg

    whereas the one below has road markings that direct the left lane to exit. If they stayed on the roundabout, they would be crossing into your lane.

    round2.jpg?w=812&h=519

    They key is in the road markings. There is no 100% rule.
    I am an Independent Financial Adviser (IFA). The comments I make are just my opinion and are for discussion purposes only. They are not financial advice and you should not treat them as such. If you feel an area discussed may be relevant to you, then please seek advice from an Independent Financial Adviser local to you.
  • statorstator Forumite
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    wongataa wrote: »
    Can you post a Google maps link to the roundabout in question and state which exit is the one where the incident happened? This will make it clear to everyone what the lane markings are which may help things.

    It won't help. Each party claims the other person was in the wrong lane and changed lanes. The insurers will split it 50/50 unless there is a witness.
    OP has no choice, if the witness doesn't respond then his insurer will split 50/50
    Changing the world, one sarcastic comment at a time.
  • statorstator Forumite
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    dunstonh wrote: »
    it would help if you gave us the google maps link. Until then we are guessing somewhat and using the typical scenaio but not all roundabouts are typical. WHich is why there is no 100% rule in the highway code when it comes to roundabouts.

    If the roundabout has two lanes on it and you were in the right lane and he was in the left lane, then for you to exit the roundabout, you have to cross the the left lane to exit.

    Some roundabouts have hatched road markings (or chevrons as they are sometimes known as). You are not meant to drive through a hatched road marking (caveats apply as you can in some scenarios and they can vary depending on whether the hatched markings are solid or broken). So, if he crossed a hatched marking, then your case is stronger.

    Take this roundabout below. Someone could effectively keep driving around the left lane all the way around. They are not meant but they would technically be remaining in their lane. Anyone in the right lane would need to cross the left lane to exit. It would be their fault if they crossed into the left and hit a car.



    whereas the one below has road markings that direct the left lane to exit. If they stayed on the roundabout, they would be crossing into your lane.


    They key is in the road markings. There is no 100% rule.

    None of this is relevant to the question at hand. Who MSE posters think is at fault is irrelevant. The only thing that matters is the witness.
    Changing the world, one sarcastic comment at a time.
  • SimpssSimpss Forumite
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    wongataa wrote: »
    Can you post a Google maps link to the roundabout in question and state which exit is the one where the incident happened? This will make it clear to everyone what the lane markings are which may help things.

    I tried to post a diagram of the incident but as a new user I'm not allowed to post links or images apparently, but it is the Bankhead roundabout in Glenrothes. If you have a look at it in satellite view you can get a good idea of the lanes etc.

    We both approached the roundabout on the A92 from the south (from Kirkcaldy direction). At this junction he was in the second lane, I was in the third. His intended destination was the Premier Inn on the Beaufort Drive exit. My intended destination was to continue straight across the roundabout and back onto the A92. As we approached this exit, I was now in the second lane, he was in the first. He attempted to continue all the way around the roundabout, cutting into my lane and colliding with me. Even if I wasn't trying to exit the roundabout at that junction, he would still have been cutting into my lane.
  • SuperscroogeSuperscrooge Forumite
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    I couldn't figure out how to post an image of the roundabout. But from looking at the lane markings on the below link and your description of the accident it would appear the other driver was at fault

    https://www.google.co.uk/maps/place/Glenrothes/@56.1819482,-3.1486677,429m/data=!3m1!1e3!4m5!3m4!1s0x4886348b3933b257:0x8e278158a1ca52c7!8m2!3d56.200842!4d-3.15986?hl=en
  • edited 21 March 2018 at 8:07PM
    glentoran99glentoran99 Forumite
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    edited 21 March 2018 at 8:07PM
    Simpss wrote: »
    I think you misunderstand, or maybe I just explained it poorly, but I did not cross lanes. I was in the second lane leaving the roundabout at the third exit, onto the second lane of the dual carriageway it leads to. I did not change lanes at any point. He was in the first lane, which essentially ends on the roundabout at the third exit, and he tried to cut across that, entering my lane and hitting the side of my car.


    what lane?

    Simpss wrote: »
    At this junction he was in the second lane, I was in the third. .
  • glentoran99glentoran99 Forumite
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    roundabout.png
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