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Non Fault Claim - Other driver now not admitting liability

2

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    SandraX wrote: »
    However, if the first land and a left arrow in it, then your gf should have turned left.

    Not if it also had a straight on arrow (as the OP suggests).
  • It amazes me how many people quote the term "knock for knock" when they don't even know what it means.
  • jimbo6977
    jimbo6977 Posts: 1,280 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper
    Firstly, the phrase "knock for knock" is widely misunderstood and has never had anything to do with the apportioning of liability in regards to any individual incident.

    In the case described it would seem reasonable to place all liability on the driver in lane 2, however I would not bet my mortgage on it. The general rule on a roundabout is to give way to the right and despite the two lanes off at 12 o clock you could be presented an argument that the right-most vehicle had right of way.
  • force_ten
    force_ten Posts: 1,931 Forumite
    Eighth Anniversary 1,000 Posts Combo Breaker
    the problem with saying to the insurance forget it i will sort it myself is if the third party is looking to get their car repaired

    if they can manage to convince the insurer that they were in the right and your GF was at fault then the claim could still go against you and you will then have an at fault claim to declare
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    If both L1 and L2 were signed for leaving the r'a'b, and the other car was going from L2 of the r'a'b to L1 of the slip, then it's 100% his fault.

    BUT...
    I strongly suspect that his story will be that your g/f was trying to stay on the r'a'b and cut him up... Or tried to change into his lane. Given that the damage is on the rear of her car, and it's a lot harder to see one mostly behind you than one mostly in front of you, this does not help your g/f's case. 50/50 is definitely most likely, and you really would be best off just swallowing your pride and fixing the car yourselves (assuming he isn't also claiming from her).


    You say you "sent images". Do you have a dashcam? Or are these after-the-event pics?


    You are not a credible neutral witness, because of your relationship with one party. But your dashcam would be.
  • jimbo6977 wrote: »
    The general rule on a roundabout is to give way to the right and despite the two lanes off at 12 o clock you could be presented an argument that the right-most vehicle had right of way.
    You give way to the right when joining a roundabout where there is a give way line. Once on the roundabout there is no need to give way if the lanes are used appropriately.
    In the ops scenario the car joining in lane two should have left in lane two rather than moving into an occupied lane.
  • daveyjp
    daveyjp Posts: 14,203 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP for £100 drop the claim and get the car sorted at your leisure.

    Worry about premiums when renewal is due. The insurance market is so competitive I wouldn't be overly concerned about how a premium may be affected.
  • I wonder if you can post on social media asking for witnesses, so many people have dash cams these days that they might have caught it on camera (hopefully).
  • Aretnap
    Aretnap Posts: 6,120 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    debtdebt wrote: »
    It amazes me how many people quote the term "knock for knock" when they don't even know what it means.
    Or that it has been defunct in UK car insurance for nearly thirty years.
  • jimbo6977 wrote: »
    Firstly, the phrase "knock for knock" is widely misunderstood and has never had anything to do with the apportioning of liability in regards to any individual incident.

    In the case described it would seem reasonable to place all liability on the driver in lane 2, however I would not bet my mortgage on it. The general rule on a roundabout is to give way to the right and despite the two lanes off at 12 o clock you could be presented an argument that the right-most vehicle had right of way.

    erm No. Go read the sections 184-186 of the highway code.

    You do not give way to your right ON the roundabout or EXITING only APPROACHING and ENTERING a roundabout. Normal road rules apply ENTERING, ON and EXITING a roundabout, main thing with roundabouts is to maintain you're lane at all times where possible unless directed by signs and signals.

    Onus is the person merging into a lane, just like a dual carriageway and a car over takes, if the over taking car in lane 2 merges into a car in lane 1 merging car in lane 2 is at fault there is no priority for traffic in lane one to vehicle in lane 2. same on a roundabout with multiple lanes upon an exit, if your in lane 3 entering the roundabout and your exiting at 12 o clock into lane 2 of exit 2 with lane two traffic you maintain your lane then merge in turn or when it is clear to do so.
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