Insurance help needed with non-fault

[axer]

Hi guys, got an insurance issue and I'm hoping you can help.

I got hit by a bus on a roundabout today as he cut the roundabout which resulted in him being over in my lane considerably (two lanes - large lanes) on the round about.

I'm certain the issue was his fault due to a number of factors such as:

1.) He was in my lane
2.) As I saw him coming into my lane I stopped my car tooting my horn yet he didn't seem to react and carried on coming into my lane which is when the collision occurred (after I had already stopped)
3.) If he didn't feel he could make it round the round about in his lane I believe he's supposed to straddle the two lanes and indicate but never did (upon approaching the round about he was in the left lane and I was in the right).

So, I need to claim on their insurance but am wary of falling into the trap of ending up making a claim on my insurance and having my premium affected regardless of the fact its a no fault.

As such, what do I do / need to say?

Thanks in advanced!

 

[Pyscho_Si]

As long as you can prove you adhered to rule 221 of the highway code....

221
Large vehicles. These may need extra road space to turn or to deal with a hazard that you are not able to see. If you are following a large vehicle, such as a bus or articulated lorry, be aware that the driver may not be able to see you in the mirrors. Be prepared to stop and wait if it needs room or time to turn.


If you are unlucky you might get a knock for knock ... depends on what the bus driver says.

 

[axer]

Well I stopped my car when he began entering my lane (despite there being adequate room) but he chose to cut the corner

 

[Pyscho_Si]

Well I stopped my car when he began entering my lane (despite there being adequate room) but he chose to cut the corner

What does the other driver say?

Do you have any witnesses?

 

[axer]

He says its my fault.

The bus driver had one passenger (an old lady) who wouldnt speak to my wife, in our car was just me and my wife. Rather annoyingly, the cars behind both me and the bus drove off.

 

[axer]

This is the roundabout in question, I was in the right lane (bottom of the map) bus was in left lane. As you can see, there is crap loads of room on the round about as the lanes are wider here than the actual road leading up to it for this precise reason!

http://axerite.com/jing/2010-10-03_roundabout.png

 

[Pyscho_Si]

His word against your word.... I expect this will go knock for knock.

 

[axer]

I don't see how, the damage to my front left wheel for example clear demonstrates that at the point of impact, my car was stationary as there are scratches going horizontally across two spokes at opposite sides of the wheel where had I have been driving, you would expect damage over all the spokes if you follow my drift?

 

[Fr0dders]

I don't see how, the damage to my front left wheel for example clear demonstrates that at the point of impact, my car was stationary as there are scratches going horizontally across two spokes at opposite sides of the wheel where had I have been driving, you would expect damage over all the spokes if you follow my drift?

doesnt proove that you werent in his lane at the time though does it ?

I was hit by somebody on my side of the road on a blind bend. Despite producing evidence of the skid marks (they could have come from any car apparently ) evidence of the gouge marks in the kerb and on my wheels (again could have come from any car ) the insurance company refused to accept i had any proof that the accident occured in my lane and not theirs

we ended up going 50/50 so just claiming off each others insurance.

Only way to prove lane discipline issues is with an independent witness. Without this your insurance cos will force you to go 50/50

 

[axer]

He doesn't deny coming into my lane, just maintain its not his fault as he's driving a bus.

 

[Fr0dders]

Its his insurance companys job to deny liability.

No doubt when pressed for his exact version of events it will turn into something like that.

I knew a taxi driver friend who was waiting outside somebodys house for a pickup. Woman comes out, gets into her car, and backs straight into the taxi. She's dead apologetic, admits its totally her fault and hands over her details and says she'll admit responsiblity

Anyway, that evenning taxi driver gets a phone call from the womans husband, who has now changed her story to the fact the taxi driver was speeding up the road like a madman and has "a neighbour" who saw this all happen and saw him driving wrecklessly

Taxi driver lost and was found at fault :/

Theres sod all you can do when people start lieing.

 

[axer]

We'll see how it goes tomorrow I guess, fingers crossed

 

[Pyscho_Si]

He doesn't deny coming into my lane, just maintain its not his fault as he's driving a bus.

Who arrived at the roundabout first?

 

[axer]

To be honest, I'm not entirely sure