Insurance Claim Not at Fault

glitzy

My daughter has recently been involved in an accident, luckily she wasn’t injured. We think she is not at fault but the other drivers insurance company is saying 50:50.
it was on a 6th exit roundabout, my daughter was in the LH lane going to the 3rd exit. The other driver was in the RH lane going to the 2nd exit. When my daughter was waiting to get onto the roundabout, there was no one next to her, as she was established on the roundabout by lane 2, a grey car nearly cut her up (turns out to be the boss of the driver who hit her), next the driver in the white car hit her & spun her 180 degrees. The driver does have a dash cam but he’s not obliged to supply it. Does anyone know of any roundabout accidents that have gone to court please.The other insurers are saying the Highway Code is only advisory. 

KimJongUn88

Grace v Tanner. 
50:50

AdrianC

Was the exit she was going past, and he was going for, a major two lane exit?

DoaM

A Google maps link may be helpful.

Did the other driver join the roundabout at the same junction as your daughter or were they coming around it? (Context is key).

As per others ... without evidence to prove her point, and the absence of impartial witnesses, then this will go 50:50.

glitzy

AdrianC said:

Was the exit she was going past, and he was going for, a major two lane exit?

Yes it was, I will try & upload a photo.

glitzy

AdrianC said:

Was the exit she was going past, and he was going for, a major two lane exit?

Yes it was.

glitzy

Here is a picture of the roundabout, my daughter & the lad is blue

glitzy

DoaM said:

A Google maps link may be helpful.

Did the other driver join the roundabout at the same junction as your daughter or were they coming around it? (Context is key).

As per others ... without evidence to prove her point, and the absence of impartial witnesses, then this will go 50:50.

The driver came from the same exit but was not there when she entered the roundabout, neither was his Boss in the grey car. my daughter had a passenger in the car.

glitzy

Here is a photo of nidirect.gov.uk about rules of a 6 exit roundabout.

NBLondon

Difficult.   The real roundabout isn't the same shape as the diagram so it's arguable whether the 3rd exit is at 12.30 (implies right hand lane).   Don't see any road markings to tell you which lane to be in.  If daughter wasn't indicating right (because she considered herself to be going straight on) then others probably assumed she was leaving at Exit 2.   A case where local practice tends to overrule the strict guidance.

Without dashcam evidence or other witnesses - it will probably go 50:50 for the convenience of both the insurers.

Navigator123

Sorry to tell you but your daughter was in the wrong lane for the manoeuvre she was trying to execute.  Both the Highway Code and the Institute of Advance Motorists agree with this case and your daughter should have been in the left hand lane on joining the roundabout.  If she had been then the accident you describe could not have happened.
The insurance companies offer of 50/50 is both fair and normal for this situation.
For future reference may I suggest that your daughter gets a dash cam of her own fitted - one that covers both forward and rear facing.  Cost for a good one, professionally fitted, would be less that £350 and could even reduce her insurance premiums in years to come.
My dash cam gives me a 15% reduction on my premium with my insurer so paid for itself in just 4 years.