Insurance claim advice (roundabout)

ebaybaby

I was involved in an accident at a roundabout. I was in the correct lane to head into a tunnel directly opposite. From my left side a car drove straight across my path causing me to hit it on the drivers side back door and caused damage to front of my vehicle. My car was repaired, etc and all seemed ok until today I've had a call from my insurers who say the TP is not admitting liability and is offering a 50/50. I'm not sure what to do. Any advice please will be so grateful.

lostelephant

Any witnesses? Dashcam footage? CCTV? Without this you will have a hard time disputing it it, especially since you say "causing me to hit it on the drivers side back door" rather than them hitting you.

ebaybaby

No nothing....I asked my insurance about CCTV they've said its unlikely it's still available as the accident was in may. The TP literally crossed in front of us though, there was nothing I could do to avoid hitting them. What's the general rule of thumb regarding accidents at a roundabout?

ebaybaby

Also need to add, the TP drive off and we had to follow them to exchange details.

BoGoF

There is no rule of thumb, unless you can provide evidence then in this scenario you are looking at 50:50. The fact you hit he rear door muddies the waters.....how/why did you not see them approaching?

lostelephant

ebaybaby wrote: »

No nothing....I asked my insurance about CCTV they've said its unlikely it's still available as the accident was in may. The TP literally crossed in front of us though, there was nothing I could do to avoid hitting them. What's the general rule of thumb regarding accidents at a roundabout?

It's not really a rule of thumb, but from an accident I had in June approaching a roundabout, the insurance were relieved I had dash cam footage as they said most accidents at roundabouts go 50/50 due to it being one persons word against the others / confusion over who was in the correct lane.

DoaM

BoGoF wrote: »

how/why did you not see them approaching?

If you join the roundabout near-enough together and the TP straight-lines it then they're going to cut across you, probably before you have time to react. (Especially if their approach speed to the roundabout was higher).

ebaybaby

It was more of a case of how they didn't see me, they came from the left hand side and I think they would have been caught up in tunnel traffic, realised and decided to cut across me if that makes sense?

ebaybaby

Not explaining very well..there are 2 lanes going into the tunnel from the roundabout, I was in the right hand lane, I'm presuming TP panicked, realised they were going to have to go through the tunnel and completely cut in front of me.

sevenhills

ebaybaby wrote: »

Also need to add, the TP drive off and we had to follow them to exchange details.

If you are not very good at gathering evidence and explaining the accident, then I guess it might end up being 50/50
If the other car failed to stop, you then failed to take photos with a mobile phone?

ebaybaby

I followed the car and they eventually stopped,