Insurance Claim Not at Fault

Manxman_in_exile

Navigator123 said:

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.

Have you read the thread?  She was in the left hand lane...

How do you think it happened then?

glitzy

NBLondon said:

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.

The lad has Dashcam but apparently doesn’t have to provide it & my daughter had a passenger in the car, can they be the witness?

AdrianC

glitzy said:

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

She's lucky to get away with 50/50.

The number of exits in total is irrelevant. What on earth was she thinking, trying to continue round the roundabout from L1 past a two-lane exit...? Also the front edge of her front wing, into his rear door...?

Can you give us a streetview link for signage?

AdrianC

glitzy said:

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.

So she was going very slowly and hesitantly round? Not just one car had time to appear from she-knows-not-where (might have been right behind) and pass her in about 100m, but the car behind THAT did, too...

When the first car passed her, did she not consider using her door mirror to see if there was anything else about to do the same thing?

glitzy

Navigator123 said:

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.

Hi I forgot to type my daughter is in red & was in the LH Lane. I think the lad should of been in the left hand lane too, as he was taking the 2nd exit. The Dashcam would have to be showing the back of her car, as both cars came out of nowhere, obviously racing each other. We do know the lad is a reckless driver from a friend who went in the car once & said never again.

facade

I'd have said she should have been in the right lane as she was going beyond straight ahead, if it were a junction she would be turning right then left. I'd just take the 50:50 and forget about it.

Roundabout accidents are usually 50:50. If you look at the guidance/rules you can see why.

When you read what you are supposed to do from your armchair is seems insane- you have to slew across a lane of traffic, it is a miracle that all roundabouts aren't blocked with crashed cars.  

What should happen is if there are two lanes the left one is to turn left only and keep in the left lane, so there would just be a little loop  turning left, then any other manoeuvre happens from the right lane, and exits in the right lane, so there is no chance of crashing as you are never turning across the front of another vehicle.

Or they could just make roundabouts single lane.....

glitzy

AdrianC said:

glitzy said:

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.

So she was going very slowly and hesitantly round? Not just one car had time to appear from she-knows-not-where (might have been right behind) and pass her in about 100m, but the car behind THAT did, too...

When the first car passed her, did she not consider using her door mirror to see if there was anything else about to do the same thing?

She was at the 2nd exit by then, there wasn’t much time & I don’t think she thought another car was coming, just that the grey car was an idiot for cutting her up. She Was always taught to go round that roundabout that way when she was learning To drive by her driving instructor.

Manxman_in_exile

Seems like a normal roundabout 50:50.

If I'd been wanting the second exit at that roundabout, I think I'd have been in the left-hand lane, not right-hand.  Without seeing any lane markings and signs it's tricky to say which lane the OP's daughter should have been in for the third exit.  But if she'd chosen the LH lane, then I think she should have been signalling right on entering the roundabout, and then left to exit at the third when passing the second exit.  (I suspect she wasn't signalling right on entry which is why I think she'd share the fault - the other drivers assuming reasonably but wrongly from her positioning she was taking second exit).

If I'd been the OP's daughter I'd have been in the RH lane signalling right until passing exit two.

glitzy

Thank you all for your help, it’s such a shame the lad won’t give his Dashcam as I feel this will answer a lot of questions. We will be out of pocket & have a lessor car, but we will have to chalk It down to experience. Worse things are happening at the moment.

AdrianC

glitzy said:
The Dashcam would have to be showing the back of her car

Umm, she was in the green Mini, right...?

Look at where the damage is on each car.

as both cars came out of nowhere

She didn't see them, because her observation was lacking.

...obviously racing each other.

How on earth can she know that, given that she didn't even see him until her front corner punted his rear door...?

We will be out of pocket & have a lessor car

Out of pocket, yes, by her excess and higher premiums.
But why "a lesser car"? That's certainly not a write-off. It's just a minor trim bingle, from the look of those pics.