Car accident - trying to work out my rights

Car Trouble

Car Trouble

Car Trouble

Associate
Joined
5 Feb 2021
Posts
6
Hi all,



I was driving this morning and had a scrape with someone else.



Tiny amounts of paintwork damage but their car is expensive and they're asking me to pay for the cosmetic repairs.



However, I don't fully accept that I was at fault.



I've tried to illustrate what happened, this is a photo of the actual junction.



I was in the right hand lane, waiting to enter the large roundabout - three lanes of one way traffic.



I checked my left side before looking at the roundabout – no one was in the left lane when I checked.



I then looked at the oncoming traffic, then entered the roundabout, turning left and then intending to enter the right hand lanes.

07H4Fya


https://imgur.com/07H4Fya


However, in the intervening time, another car had come into the left lane next to me, undertaken me and then started to enter the right hand lanes – so cutting across my path.



We collided very gently, but enough to scuff his paintwork.



In my mind, he in the left hand lane should a) have only used that lane in order to turn left on the roundabout and b) he should not have cut across my turn.



The scuff is to his rear wheel arch – so it’s side damage.



I appreciate that rear damage is usually single fault, but in this case I believe there are complications worth considering.



Many thanks for any help or advice you can offer.



Cameron
 
Random first post & formatting.... but from what you've posted, this is likely to be 50/50.

He shouldn't have been in the left lane if he wanted to be in the far right on the roundabout (I'm guessing he saw the left lane was clear and intended to quickly nip in front to skip the queue).
You should have been more observant and noticed him pulling in front of you.
 
Haggisman said:
Random first post & formatting.... but from what you've posted, this is likely to be 50/50.

He shouldn't have been in the left lane if he wanted to be in the far right on the roundabout (I'm guessing he saw the left lane was clear and intended to quickly nip in front to skip the queue).
You should have been more observant and noticed him pulling in front of you.
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Especially to hit his rear arch...
 
thank you both!

very useful.

you're quite right about my observation, @Haggisman – I'm very pleased no one was hurt – but on a busy junction such as this (at a right angle to the roundabout as well) there are many things to take in
 
Definitely an insurance jobby IMO, his insistence on you stumping up the cost outside of insurance sounds a bit fishy and if it is anything slightly premium you could be paying quite a bit!
 
Haze said:
No witneses? It will go 50/50
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I agree with all the people who have said this. After a similar accident many years I spoke to my insurance company who explained that without independent witnesses or a camera etc, ALL roundabouts claims go 50:50. It's just that no matter what story you tell, the other person can find a reason why it's your fault, and which would explain the same damage.
 
I had a similar incident many years ago. I was in right lane going straight ahead (2 lane entry and exit). Idiot was in left lane and tried for 3rd exit at 3 o'clock. While lying about where the accident occurred on the roundabout he manged to draw a diagram showing him in left lane trying to go right. I replied with the relevant section if the highway code and his solicitors went quiet. He was found 100% at fault.

Edit just realised that was my last car accident and was circa 2006.
 
Meridian said:
ALL roundabouts claims go 50:50. It's just that no matter what story you tell, the other person can find a reason why it's your fault, and which would explain the same damage.
Click to expand...

My roundabout claim went 100% in my favour. The other party was insistent that it was my fault for going too quickly (he pulled out on me, I ended up in his driver’s door), two issues for him were that it’s a tiny roundabout, you’d need a full on race-spec go kart to break the speed limit on it, and two, my speed was irrelevant.
 
thanks everyone for your input!

my first collision ever, so it's good to get some clarity.

and i'm more and more certain it was actually 100% his fault, so him demanding £300 from me is a little rich

all the best!
 
Here's the letter I'm going to send him tomorrow:

"
I’ve thought a lot about the incident, and drawn diagrams, and I do not accept that the collision was my fault. I realise that this is the assumption you have been working on, so this will appear as a snub. It’s not intended to be.



I have thought a lot about it because it was such a surprise and I have in 20 years of driving always driven carefully.



I am speaking to my insurer; and of course you are welcome to do the same.



The best case – and likely – scenario here is that our insurers attribute 50/50 fault. And so we’ll both have a claim with our insurers and pay higher premiums/lost no claims bonuses.



I too have damage to my car – both on my wing panel and on my door panel where you came across me.



I’m not asking for contributions from you for this damage.



Both our vehicles have side damage, and we were on a roundabout. I am satisfied that I have the photographic and diagrammatic evidence to support at the very least 50/50 liability.



Insurers will look at which lanes we were in and which lanes we intended to cross into. I am satisfied that I was in the correct lane.



There is no situation in which I wouldn’t share everything with my insurer: whether you want to have our insurers debate over a claim or not is up to you.

"
 
TBH I wouldn't send that - simply notify him that you are going to leave it in the hands of insurance (maybe with a mention of with all evidence) - you definitely don't want to give him anything where you might take a stance over blame even if that is absolving him of what you consider blame as that might give him ammunition that you have doubts over whether there is a case, etc. which might end up being used against you.
 
Rroff said:
TBH I wouldn't send that - simply notify him that you are going to leave it in the hands of insurance - you definitely don't want to give him anything where you might take a stance over blame even if that is absolving him of what you consider blame as that might give him ammunition that you have doubts over whether there is a case, etc. which might end up being used against you.
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Ah thanks!
 
Having reflected on the incident, you were in the wrong lane, attempted to undertake me and in doing so struck my vehicle - I do not accept that the collision was my fault.

Please tell how you would like to proceed. If i do not hear from you within 7 days, i will be be instructing my insurance company to process a claim against you.



Also, "both on my wing panel and on my door panel where you came across me." - snigger.
 
ivrytwr3 said:
Having reflected on the incident, you were in the wrong lane, attempted to undertake me and in doing so struck my vehicle - I do not accept that the collision was my fault.

Please tell how you would like to proceed.



Also, "both on my wing panel and on my door panel where you came across me." - snigger.
Click to expand...

haaaaaa thanks for this
 
ivrytwr3 said:
Having reflected on the incident, you were in the wrong lane, attempted to undertake me and in doing so struck my vehicle - I do not accept that the collision was my fault.

Please tell how you would like to proceed. If i do not hear from you within 7 days, i will be be instructing my insurance company to process a claim against you.



Also, "both on my wing panel and on my door panel where you came across me." - snigger.
Click to expand...

They'll likely try it on with the risk OP ends up out of pocket without experience of these situations - much better IMO just to go through insurance.
 
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