Advice pls, husband involved in a car accident

Kaz2904

I hate to say it but a simple case like this doesn't always go the right way.
I had someone pull out in front of me before and block my path. There was oncoming traffic so I couldn't swerve, I was doing 40 in a national speed limit zone and couldn't quite stop.
My car was written off. He gave insurance details and then refused to claim from them. They said that I couldn't claim from them if he didn't notify them of an accident. I had free legal cover.
It took a year to go to court, the day before he offered to go knock for knock (My insurance co was taking him to court). They said no, we went to court and LOST?! !!!!!!?
My insurance co let me keep my NCD as they felt they'd let me down a bit I think. (Had I been older/wiser and a bit more MSE I would have created merry hell).

marvin

Seems to me what you have to prove here is that the other driver is wrong in his assertion that your husband was in the wrong lane.

If his defence is that the lane your husband was in was left only and you can prove that it was not and that you were proceeding in a perfectly correct manner in the right lane then I would hope that the insurence co or any legal representative should take it up. Don't let them get away with lazyness by allowing it to be a 50/50.

Go take pictures of the road prove your point on that.

too late now but.... should have taken pictures at the time of the scene and of the damage too both cars. (Just about everyone must have a camera phone by now surely) or a cheap disposable camera kept in car for purpose. Get pictures of the other drive and anything else around (cars passing the scene or who may have been stopped and witnessed the acci).

Pew_Pew_Pew_Lasers!

There isn't really a right and wrong lane here - a roundabout is just a circular bit of one-way road. You can go right around most (unless the lanes are very clearly signed) in the outside lane and not be at fault.

All that matters is that the other driver drove out of his lane, and into your husband's, and caused a collision. Beware though that the other driver may state exactly the opposite happened - in which case 50/50 would seem likely.


Witnesses are very important here - the last accident I saw was witnessed by at least 10 other vehicles, but none stopped. I did.

withabix

Pew_Pew_Pew_Lasers! wrote: »

You can go right around most (unless the lanes are very clearly signed) in the outside lane and not be at fault.

Are you referring to the 'LEFT' lane of a roundabout being the 'outside'?

If so, you are wrong!

Pew_Pew_Pew_Lasers!

Yes I am referring to the left lane of a roundabout as being the outside.

There is no offence of 'being in the wrong lane' on a roundabout. The highway code offers advice only, not instruction.

An insurance company may view it differently, but if as a user of a roundabout you assume that based upon their entry lane and current position another motorist will take a particular exit, you may be in for a nasty surprise. Motorists are under no obligation to take an exit unless the painted markings indicate otherwise.

withabix

Pew_Pew_Pew_Lasers! wrote: »

Yes I am referring to the left lane of a roundabout as being the outside.

There is no offence of 'being in the wrong lane' on a roundabout. The highway code offers advice only, not instruction.

I think you'll find you're wrong there. The planks that go round the outside of roundabouts need to re-sit their driving test, as they are very likely to CAUSE accidents. Their route round the roundabout CONTRAVENES the Highway Code and will cross the path of drivers who are driving CORRECTLY.

Section 186 of the Highway Code does not use the word 'should', therefore this particular section (as a large number of others) contains instructions, not advice:

184

On approaching a roundabout take notice and act on all the information available to you, including traffic signs, traffic lights and lane markings which direct you into the correct lane. You should

• use Mirrors – Signal – Manoeuvre at all stages
• decide as early as possible which exit you need to take
• give an appropriate signal (see Rule 186). Time your signals so as not to confuse other road users
• get into the correct lane
• adjust your speed and position to fit in with traffic conditions
• be aware of the speed and position of all the road users around you

185

When reaching the roundabout you should

• give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
• check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
• watch out for all other road users already on the roundabout; be aware they may not be signalling correctly or at all
• look forward before moving off to make sure traffic in front has moved off

186

Signals and position.
When taking the first exit to the left, unless signs or markings indicate otherwise

• signal left and approach in the left-hand lane
• keep to the left on the roundabout and continue signalling left to leave

When taking an exit to the right or going full circle, unless signs or markings indicate otherwise

• signal right and approach in the right-hand lane
• keep to the right on the roundabout until you need to change lanes to exit the roundabout
• signal left after you have passed the exit before the one you want

When taking any intermediate exit, unless signs or markings indicate otherwise

• select the appropriate lane on approach to the roundabout
• you should not normally need to signal on approach
• stay in this lane until you need to alter course to exit the roundabout
• signal left after you have passed the exit before the one you want

When there are more than three lanes at the entrance to a roundabout, use the most appropriate lane on approach and through it.
187

In all cases watch out for and give plenty of room to

• pedestrians who may be crossing the approach and exit roads
• traffic crossing in front of you on the roundabout, especially vehicles intending to leave by the next exit
• traffic which may be straddling lanes or positioned incorrectly
• motorcyclists
• cyclists and horse riders who may stay in the left-hand lane and signal right if they intend to continue round the roundabout. Allow them to do so
• long vehicles (including those towing trailers). These might have to take a different course or straddle lanes either approaching or on the roundabout because of their length. Watch out for their signals

188

Mini-roundabouts. Approach these in the same way as normal roundabouts. All vehicles MUST pass round the central markings except large vehicles which are physically incapable of doing so. Remember, there is less space to manoeuvre and less time to signal. Avoid making U-turns at mini-roundabouts. Beware of others doing this.

[Laws RTA 1988 sect 36 & TSRGD regs 10(1) & 16(1)]
189

At double mini-roundabouts treat each roundabout separately and give way to traffic from the right.
190

Multiple roundabouts. At some complex junctions, there may be a series of mini-roundabouts at each intersection. Treat each mini-roundabout separately and follow the normal rules.

C_Ronaldo

Surely if the OPs OH was in the left lane and it was marked as for left and straight on then hes not at fault,

Pew_Pew_Pew_Lasers!

withabix wrote: »

Section 186 of the Highway Code does not use the word 'should', therefore this particular section (as a large number of others) contains instructions, not advice:

You are incorrect. Instructions in the highway code are bolded in red capitals, and the word 'must' is used.

'Should' is advice, not an instruction. If you would care to tell me what offence is being committed by not following the advice given in the highway code, I'd be much obliged.

Pew_Pew_Pew_Lasers!

C_Ronaldo wrote: »

Surely if the OPs OH was in the left lane and it was marked as for left and straight on then hes not at fault,

Nobody doubts that, but without a witness it will be difficult to prove either way.

withabix

Pew_Pew_Pew_Lasers! wrote: »

'Should' is advice, not an instruction. If you would care to tell me what offence is being committed by not following the advice given in the highway code, I'd be much obliged.

As I said, Section 186 does NOT include the word 'should'. I agree that it doesn't say 'MUST' either, however common sense also applies and it is obviously dangerous to cross the path of a vehicle which is following the recommendations of the Highway Code.

They don't call the sections RULES for nothing!

In the event of an accident, the driver who was not driving in accordance with the Highway Code would be at fault.

Only idiots drive round the outside (left hand side) of a roundabout unless they are taking the first or second exit from the entry point.