Accident advice on motorway roundabout

jordystreet

Hi all

I have a question just to give myself some reassurance from an accident I recently had

on the roundabout from the a1 going onto the m18 towards doncaster i was in an accident, I was in the right hand lane that is marked m18 and a1(m) south, the third party was in the left lane marked m18, I attempted to join the slip road from the right hand lane and join onto the right hand lane of the slip road, the third party was in the left lane and attempted to turn right and collided with my back left/ bumper, I indicated to let it be known my intention as I know this happens regularly from driving on it for a few years but the third party crashed into me, am I right in thinking I am not liable for this as my insurer is saying accidents on a roundabout are classed as 50/50 liability until more investigation?

I have a picture of the lane markings and it has been sent to my insurer and solicitor just asking for opinions to put my mind at ease.

Ebe_Scrooge

As a general rule of thumb, if someone runs into the back of you, it's their fault.  But insurance companies very commonly do put it down as 50/50 unless it's clear-cut.  I suppose the cost of a full investigation often isn't worth it to them.  Just a thought - is the roundabout covered by CCTV, busy junctions often are ?  Unfortunately, all you can really do is hand over whatever evidence you can to your insurance company and let them sort it out.  They may decide they want to ask for the CCTV footage from <council/police/highways agency, don't know who would own it?>, you could perhaps push for them to do so.  If you've got legal cover on your policy, this will help somewhat as this *may* cover a solicitors fees to help you fight your corner.  But if it's relatively minor damage to the car, and no personal injury claims, it may just end up being chalked down to 50/50.

129T

jordy, your insurers stating that accidents are classed as 50/50 liability is wrong and that should not have even been mentioned.  Every accident is based on a specific set of individual actions.  They simply can not state liability until they are in possession of the facts.  Until they are in that position though, they can class the accident as 'at fault' and change it when applicable.  You do not have to settle for 50/50 and I would be sending a well worded email to your insurer if I were you.

AdrianC

You were changing lane left. They were to your left.
They were changing lane left. You were to their right.

Using your indicator doesn't give you carte blanche to manoeuvre into a space that has another car in it already.
50/50 is the most likely outcome if neither of you have dashcam proof of your innocence.

DoaM

Google Maps Link

Does that correspond to the location you described? If yes then the fault lies with you - you should have moved over to the left lane before the M18 exit from the roundabout; the right lane was for A1M South only at that point, the left lane was for M18 or A1M South at that point.

jordystreet

Blue is where I wanted to go and the red is where she wanted to go Ebe_Scrooge said:

As a general rule of thumb, if someone runs into the back of you, it's their fault.  But insurance companies very commonly do put it down as 50/50 unless it's clear-cut.  I suppose the cost of a full investigation often isn't worth it to them.  Just a thought - is the roundabout covered by CCTV, busy junctions often are ?  Unfortunately, all you can really do is hand over whatever evidence you can to your insurance company and let them sort it out.  They may decide they want to ask for the CCTV footage from <council/police/highways agency, don't know who would own it?>, you could perhaps push for them to do so.  If you've got legal cover on your policy, this will help somewhat as this *may* cover a solicitors fees to help you fight your corner.  But if it's relatively minor damage to the car, and no personal injury claims, it may just end up being chalked down to 50/50.

I honestly couldn't tell you if it is or not to be honest it might be worth a look now you mentioned that, the roundabout is governed by traffic lights aswell so there is a possibility, I havent had the car taken for repairs yet but there is personal injury as my back and neck got hurt looking in my blond spot for her when she hit me, she is also claiming back, neck, left shoulder and anxiety.

129T said:

jordy, your insurers stating that accidents are classed as 50/50 liability is wrong and that should not have even been mentioned.  Every accident is based on a specific set of individual actions.  They simply can not state liability until they are in possession of the facts.  Until they are in that position though, they can class the accident as 'at fault' and change it when applicable.  You do not have to settle for 50/50 and I would be sending a well worded email to your insurer if I were you.

Believe I have no intention for a 50/50 split and I let him know that when he asked if I had any question, I just dont understand how she could say it was my fault from negligence.

DoaM

OK - you've confirmed what I thought. Your fault as you changed lanes ... the lane you were in does not feed off to that exit - the left lane does (which becomes the right lane of the exit itself; the left lane is the feed from the adjacent exit - A1M South). If the insurers go 50:50 then don't argue it.

Car_54

OP, from your description you moved into the LH lane when it was not safe to do so,  presumably assuming the TP was taking the LH lane at the first exit.

If that is the case, you were at fault. But as said already 50/50 is the most likely outcome. The effect on your future premiums will be the same whether you are judged 50% or 100% to blame.

naedanger

DoaM said:

OK - you've confirmed what I thought. Your fault as you changed lanes ... the lane you were in does not feed off to that exit - the left lane does (which becomes the right lane of the exit itself; the left lane is the feed from the adjacent exit - A1M South). If the insurers go 50:50 then don't argue it.

Interesting. I would have said red was at fault. However if I was in blue's position I would always be wary to be clear of the car in the red's position (because I am not certain). In red's position I would give way. (Giving way to the car on my right on the roundabout.)

jordystreet

This is the picture of the road markings leading up to it

jordystreet

I was in the right hand lane marked m18 and a1(m) south taking the right hand lane onto the slip road, the third party was in the left lane marked only m18 and tried to turn right to stay on the roundabout