RTA at mini roundabout who is at fault?

lisyloo

dbs wrote: »

She has been honest she has a black box on her car to prove she stopped at the roundabout and went to the police. Looking at the road layout its impossible for her car to damaged in such a manner without her car being fully on the roundabout.

So why is there a worry about being questioned?
She just has to tell her side of the story.
Although again I stress the insurers will avoid this like the plagues so it’s highly unlikely. It’s a negotiating tactic that is working well for the other side.

The other insurer has submitted papers with a court date, this is when her insurer has backed down.

Her insurer is wimping away.
She should complain formally ASAP.

dbs

lisyloo wrote: »

So why is there a worry about being questioned?
She just has to tell her side of the story.
Although again I stress the insurers will avoid this like the plagues so it’s highly unlikely. It’s a negotiating tactic that is working well for the other side.



Her insurer is wimping away.
She should complain formally ASAP.

I thought at court a judge decided on the evidence provided by the insurance companies now I understand she will be questioned in court I will let her know.

I am going to ask her insurer if they have conducted a locust road layout report and damage comparison report to prove her point her car was in the middle of the roundabout and the damage sustain was excessive compared to other incidents as per police interview.

Norman_Castle

dbs wrote: »

A give way sign at a mini roundabout means slow down.

A give way sign means give way. The dashed lines across the carriageways at the roundabout entrances also mean give way. If the other drivers view was restricted safe, competent driving dictates they should slow down.

lisyloo

dbs wrote: »

I am going to ask her insurer if they have conducted a locust road layout report and damage comparison report to prove her point her car was in the middle of the roundabout and the damage sustain was excessive compared to other incidents as per police interview.

I don’t understand why you think her being on the roundabout absolves her.

But anyway do be aware there is a clock ticking on formal complaints and it might put a hold on them deciding liability.

dbs

lisyloo wrote: »

So why is there a worry about being questioned?
She just has to tell her side of the story.
Although again I stress the insurers will avoid this like the plagues so it’s highly unlikely. It’s a negotiating tactic that is working well for the other side.



Her insurer is wimping away.
She should complain formally ASAP.

lisyloo wrote: »

I don’t understand why you think her being on the roundabout absolves her.

But anyway do be aware there is a clock ticking on formal complaints and it might put a hold on them deciding liability.

50/50 was my thinking so does not absolves fully.

sal_III

lisyloo wrote: »

I don’t understand why you think her being on the roundabout absolves her.

But anyway do be aware there is a clock ticking on formal complaints and it might put a hold on them deciding liability.

It doesn't absolve her, but it's a point in her favour. It would indicate the other driver was possibly driving without due care and attention if he managed to hit her with sufficient force to deploy the airbags, which is hard to achieve if you slow down/stop on your approach to a roundabout, as you are supposed to.

I'm curious to know the name of the insurer as their behaviour is appalling. Backing down from litigation when there isn't clear cut fault and then cancelling the insurance for unrelated reasons.

D_M_E

How long has the fried egg been there?

Was it permanent or was/is there signs saying it was/is experimental?

Are there any traffic/road cameras anywhere near which point at and record events at the roundabout?

Shame nobody got the reg number of the illegally parked vehicle as think whoeveritwas could possibly be pursued as instigator to the incident.

She - not you - needs to talk to the legal cover people and see what they say, and also see a solicitor ASAP with a view to getting representation at court, there is no telling what the other side will come up with as part of their claim.

swingaloo

dbs wrote: »

In her statement she also said the driver never braked this is why the impact was so bad and her car was a written off.

How would she know this? For it to have happened the way you describe she would not have been able to see the other drivers brake lights.
Perhaps he has said that he had his view restricted by the parked vehicle but that she pulled straight out in front of him.

dbs

sal_III wrote: »

It doesn't absolve her, but it's a point in her favour. It would indicate the other driver was possibly driving without due care and attention if he managed to hit her with sufficient force to deploy the airbags, which is hard to achieve if you slow down/stop on your approach to a roundabout, as you are supposed to.

I'm curious to know the name of the insurer as their behaviour is appalling. Backing down from litigation when there isn't clear cut fault and then cancelling the insurance for unrelated reasons.

Hastings Direct is the insurer.

They have not done a locus test of the incident and will not due to nature of the claim.

They have done a damage comparison test but only to work out the price of the damage to both cars.

The decision taken not contest in court was down to comparing to other similar incidents that lost at court.

No right of appeal no right to complaint the insurer did not go to court which was not done by a legal team but the subrogation team.

Not interested in road layout/signage/speed of impact.

dbs

D_M_E wrote: »

How long has the fried egg been there?

Was it permanent or was/is there signs saying it was/is experimental?

Are there any traffic/road cameras anywhere near which point at and record events at the roundabout?

Shame nobody got the reg number of the illegally parked vehicle as think whoeveritwas could possibly be pursued as instigator to the incident.

She - not you - needs to talk to the legal cover people and see what they say, and also see a solicitor ASAP with a view to getting representation at court, there is no telling what the other side will come up with as part of their claim.

Fried egg been there a few years no dash cam/road cameras/we also knocked on doors for cctv.

It was a large red van but the witness to the illegally parked van did not get the reg number.

Legal cover does cover the costs going to court