Car accident - trying to work out my rights

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
 
Soldato
Joined
21 Jan 2010
Posts
12,851
Go through insurance. You'll end up with 50/50 as neither party have admitted fault and it is too complicated to assess.
 
Soldato
Joined
6 Oct 2004
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16,061
Location
Birmingham
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.
 
Soldato
Joined
21 Jan 2010
Posts
12,851
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.
Especially to hit his rear arch...
 
Associate
OP
Joined
5 Feb 2021
Posts
6
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
 
Associate
Joined
1 Jun 2014
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1,502
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!
 
Permabanned
Joined
12 Jan 2021
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1,726
if its an expensive car then go through your insurance company.
you could end up paying the guy for the repair and him still claim off your insurance.
 
Man of Honour
Joined
18 Oct 2002
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12,134
Location
Vvardenfell
No witneses? It will go 50/50


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.
 
Associate
Joined
25 Feb 2016
Posts
117
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.
 
Caporegime
Joined
26 Aug 2003
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37,248
Location
Cheshire
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.

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.
 
Associate
OP
Joined
5 Feb 2021
Posts
6
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!
 
Associate
OP
Joined
5 Feb 2021
Posts
6
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.

"
 
Man of Honour
Joined
13 Oct 2006
Posts
83,247
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.
 
Associate
OP
Joined
5 Feb 2021
Posts
6
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.

Ah thanks!
 
Soldato
Joined
25 Aug 2006
Posts
5,256
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.
 
Associate
OP
Joined
5 Feb 2021
Posts
6
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.

haaaaaa thanks for this
 
Man of Honour
Joined
13 Oct 2006
Posts
83,247
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.

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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