whos to blame?

ste_bla · 2 Dec 2010 at 14:40

Right my care with other half driving. Shes in a 40 zone doing ~30 comes up to a small r-about (not an mini one) theres 3 exits. Someone coming from the right is coming up to r-about indicating left as she enters r-about he changes to indicate right she continues about 10ft on to the r-about and he clips our back bumper off and his front bumper is damaged.

Now she should have stopped however due to her indicating she didn't and then he hit her rear. So whos to blame as is it;

My other half - she should have stopped at give way line
Him - He hit her rear once she was well onto the r-about

Red us
Green him
Blue cars collided

Morba · 2 Dec 2010 at 14:43

Looks like she was well out of the junction, though I would say that she should have stopped.

LiE · 2 Dec 2010 at 14:44

Your fault, for letting her drive.

Seriously though, indication should never be taken as a certainty. I can't see this going in your favour, best case would be 50/50.

daz · 2 Dec 2010 at 14:46

The fact that you're so far on to the roundabout when the collision occurred would mean that it's about 50/50.

GinG · 2 Dec 2010 at 14:49

LiE said:
Your fault, for letting her out the kitchen.

Fixed

Morba · 2 Dec 2010 at 14:52

I'm thinking the other driver probably thought he would get up close to show frustration but got too close

ste_bla · 2 Dec 2010 at 14:54

Well talking to the mrs again seems she was actually nearly exiting the r-about when hit so blue spot would be a bit lower if makes difference.

I will sort out the insurance or pay other guy if it is her fault just unsure.

Conanius · 2 Dec 2010 at 15:02

if she is nearly out of the roundabout sounds like he was going too fast and hit her up the chuff whilst she was already on the roundabout?

Relentless81 · 2 Dec 2010 at 15:07

It would just boil down to the fact that you didnt give way to traffic from the right on a roundabout surely, indication is just that, an indication

ste_bla · 2 Dec 2010 at 15:08

Conanius said:
if she is nearly out of the roundabout sounds like he was going too fast and hit her up the chuff whilst she was already on the roundabout?

Not to sure tbh he has agreed where they hit which is what she just told me but insists its her fault

Participant · 2 Dec 2010 at 15:19

I would lay the blame at your oh's feet. Give way to the right on a roundabout, simple as that. I've learnt to pretty much ignore people's indicating on a roundabout. You see all kinds of funky **** that bears no relation to the actions they're performing

.

233 · 2 Dec 2010 at 19:43

more info on the damage that occured to your car?

is it rear only or rear quarter/rear or rear quarter only?

if he's hit the "back" of your car as in the rear then its a open and shut case, as he's drove into the back of you, if its rear/rear quarter thats more tricky if its rear quarter then slap your woman for pulling out and get her back in the kitchen

edit skimmed over the back bumper part,

tough one to call i'd imagine it will settle 50/50

VFM Addict · 2 Dec 2010 at 19:47

Foxtrot26 said:
more info on the damage that occured to your car?

is it rear only or rear quarter/rear or rear quarter only?

if he's hit the "back" of your car as in the rear then its a open and shut case, as he's drove into the back of you, if its rear/rear quarter thats more tricky if its rear quarter then slap your woman for pulling out and get her back in the kitchen

edit skimmed over the back bumper part,

tough one to call i'd imagine it will settle 50/50

This. No doubts.

Where is the damage? That decides it.

sigma · 2 Dec 2010 at 20:12

Aren't we supposed to give way to cars coming from the right and be 100% sure that it is clear to move out? That only points to her fault but as people said it'll probably go 50/50.

Kenai · 2 Dec 2010 at 20:36

Whilst you're supposed to give way to cars from the right, if you're so far on to the roundabout that you're almost off again and he only managed to hit the very rear of your car, that would suggest to me that he was perhaps driving a bit recklessly, it would seem unlikely that she just pulled out right in front of him, for her to be that far round she would have been well onto the roundabout before he was in which case I would think he has a responsibility to give way to traffic already on the roundabout.

As it's a roundabout though, with both parties contesting the damage, I suspect 50/50 may well be a likely outcome.

Ultimately all you can do is fight your corner and leave to the insurance company to decide, if both parties agree where the collision took place, the insurance companies will decide between themselves who should most likely have given way to who.

Lakeland · 2 Dec 2010 at 20:42

I'd say 50/50, your saving grace is the fact they hit the rear end of your car, had it been the front you'd have been screwed.

InvaderGIR · 2 Dec 2010 at 21:27

It's a roundabout, so 50/50.

sigma · 2 Dec 2010 at 22:14

Kenai said:
Whilst you're supposed to give way to cars from the right, if you're so far on to the roundabout that you're almost off again and he only managed to hit the very rear of your car, that would suggest to me that he was perhaps driving a bit recklessly, it would seem unlikely that she just pulled out right in front of him, for her to be that far round she would have been well onto the roundabout before he was in which case I would think he has a responsibility to give way to traffic already on the roundabout.

Vaild point! I must admit I hadn't read the OP properly before replying.

koolpc · 2 Dec 2010 at 22:18

Never expect the expected. She should have made sure the person was going they way they indicated before moving off, i guess.

Duke · 2 Dec 2010 at 22:37

If she was actually on the roundabout at that point, then he would have to give way to her?