Liability for Roundabout Incident - Same Insurer

swim99mum

Two weeks ago I was involved in a car accident on a roundabout. I was on my way home after picking my children up from school. I approached in the right hand lane, this lane leads to either the middle lane or the right hand lane of the roundabout. The lane markings on this major roundabout are clearly marked. I travel this route 2 to 3 times a day and as usual went to the middle lane. There were numerous cars on either side of me as we went over the motorway. After the next exit my lane becomes the left hand outside lane - and the roundabout exit lane to the motorway.

A white car on my right started to indicate then immediately pulled into my lane, there was a sudden bang and the force of the impact knocked my car from the lane. There was damage to the side of my car – driver’s door and side wing, and side trim hanging off. The third party didn’t get out of their vehicle. As I was about to go speak to her, she made no acknowledgement and drove away through the traffic lights - from the left hand outside lane, which is the exit lane only to the motorway, and back around the roundabout to the right.

The side trim of my car was hanging off and scraping on the road but as I had not even had the opportunity to obtain the third party’s vehicle registration number I had no option but to go after her through red traffic lights. She had then gone through a further set of traffic lights. I caught up with her and signalled to pull over. The driver stated she hadn’t left the scene of the incident (despite driving away not knowing whether or not my car was even driveable, had made no acknowledgement to me, driven through two sets of traffic lights before I was able to catch up to her). As she hadn’t stopped at the scene I called the Police as I had concerns whether she would provide the correct details under the circumstances. I was given an incident number.

The third party apologised, said she believed the right hand lane she was in merged into the lane I was in. Why did she indicate if these lanes ‘merge’. There was absolutely no reason for her to change lanes, as both lanes lead to the same exit. I told her to go and check the lanes and she would find the lanes do not merge. Third party car had damage to front nearside wing. Can clearly see damage to my car is caused by the front wheel of the third party vehicle from the large round black rubber mark. This shows the third party’s wheels were turned towards my vehicle. This was 100% not my fault and I have told my insurance company I will not accept any liability for this incident.

The problem is the third party has the same insurance company, at first they seemed helpful and reassuring but the last few times I’ve called for an update they seem to have a different attitude - where’s the proof she went into my lane, where’s the proof she drove away?

Apparently the third party has not yet responded. The insurance company has suggested it would go split liability if it comes down to my word against hers without any cctv or witnesses. Hopefully the third party will be honest about what happened.

Any advice would be appreciated.

stator

Hope she tells the truth.

If she lies and there is no evidence it will probably go down as 50/50.
With only one insurer it's not going to end up in court.
You can appeal their decisions to FOS but without evidence, you might not get far there either.

swim99mum

Thanks for your reply.

It's obviously in the insurer's best interests to go 50/50 as they already increased my renewal premium because this claim is still open, they said when resolved if non-fault to me then I will be refunded this increase.

This is so frustrating...

Is there any other action I can take? The third party gave me her policy number.

[Deleted User]

Do you have any evidence at all of her driving away? For example did you take photos of the damage to her car at the location where she eventually stopped, some distance from the scene of the accident? If you took photos with your phone they may be geotagged as well.

Have the police spoken to her? If she admitted that she drive off then it puts you in a good position as she admitted dishonestly and is likely to be prosecuted for leaving the scene of an accident.

dunstonh

Most roundabout incidents end up 50/50. Especially on merge points.

Dashcam footage can be useful if it supports your side of the story. No dashcam footage or no independent witness and you would expect it to end up 50/50

swim99mum

Thanks for your replies.

Yes, I took photos of the damage to both cars once she had pulled over but don't think they are geotagged. I have a police incident number, I'll call them to see if they can advise anything.

Would a report from an independent assessor confirm she drove into me - she has damage to the front nearside corner, the damage to my car is on the side, mostly caused by her front wheel.

There was no merge point from her lane to mine. I was in a clear marked lane on the roundabout. The lane she was in merges into 2 lanes but to her right, no idea why she wanted my lane as she could also join the motorway from the lane she was in, if indeed that's where she was heading.

Dashcam footage would have been extremely useful.

There was no opportunity to get witnesses at the scene as she drove off. I'm going to try an appeal for witnesses on local area facebook pages.

dunstonh

There was no merge point from her lane to mine. I was in a clear marked lane on the roundabout. The lane she was in merges into 2 lanes but to her right, no idea why she wanted my lane as she could also join the motorway from the lane she was in, if indeed that's where she was heading.

It doesn't really matter which one merges into the other. You have to let her merge and she should make sure there is space. Too many people fight on merge points and clash and the insurers generally treat them as 50/50.

swim99mum

Sorry if I've not explained it very well but these are clear marked lanes, both the lane I was in and the lane she was in exit the roundabout to the motorway, these two lanes don't merge together. I have no idea why she moved over obviously without looking.

cloud_dog

dunstonh wrote: »

It doesn't really matter which one merges into the other. You have to let her merge and she should make sure there is space. Too many people fight on merge points and clash and the insurers generally treat them as 50/50.

You seem to be missing the point, the lane the OP was in wasn't a merge lane with the 3rd party. 3rd party appears to have changed lanes in to OPs lane.

Without evidence the outcome will be the same, 50/50.

swim99mum

Just to add, the roundabout is traffic light controlled, these were at red as we approached.

ConMan

50/50 all day. Sorry. Invest in a dashcam.