Ok so many of you know I was in an accident a few weeks back:

http://www.briskoda.net/forums/showthread.php?t=39658&highlight=fabia+clio

I now have my car back and am falling in love with it all over again, was a bit worried I may not have been as happy with it as it had been hit, but I was wrong to worry!

Anyway, my Insurance company now has a copy of all the photos of my car and the third party's car after the crash, they also have images of the round-about where the crash happened. They've sent out a letter to the third's party's insurance company stating my case and have requested a reply by 23rd.

However last week I received a letter through from my Insurance company stating that the case may have to be settled 50:50 , which I don't want to do... The outcome would be a loss of no claims bonus, a near 2k insurance premium next yr and potentially me having to sell the car for a more "insurable" car!!! :eek:

I want, and my brother thinks I should not agree to any sort of shared blaim settlement and that if necessary I should push on to a small claims court. The hope being that hopefully this would make the third party realise I was serious and get them to finally admit liability.

If it did go to court (I assume my legal cover on insurance would cover this?) in an ideal world all that would need to be said would be the third party was attempting to turn right from the left hand lane of a round-about and drove into me ... and the case would be over, but i'm sceptical.

My neck is also still playing up and aching as a result, have been to the doctor at the time and he just told me to keep it mobile. :(

So any advice, any from legal type people particularly welcome....

I had an accident in April coming off a roundabout when a hired Golf cut right across the front of me. To cut a long story short the third parties insurers have tried to go 50:50 which I have refused. Got a letter from More Than last week stating that unless the third party accepts liability within 14 days the case will be getting taken to court.

Stick to your guns and you should (hopefully) get a result.

Have you spoken to your insurance company about your options if you don't want to settle 50:50?

Chris

....and that if necessary I should push on to a small claims court. The hope being that hopefully this would make the third party realise I was serious and get them to finally admit liability.

If they don't admit liability, do you have any way of proving to a Court's satisfaction that they were totally to blame? Put another way, do you have any evidence to put to a court which you haven't already given to your insurer? Were you the only person in your car, and how many people were there in the other car?

If they don't admit liability, do you have any way of proving to a Court's satisfaction that they were totally to blame? Put another way, do you have any evidence to put to a court which you haven't already given to your insurer? Were you the only person in your car, and how many people were there in the other car?

Well all I've got is the photos which I believe tell the whole story, with on a clean dent on my car and no scratches at all, the only way i could have hit the other car was if i was sliding at about a 45 degree angle across the road, low and behold looking at the damage of the other car there is scratching and damage that suggests she hit me.

Unfortunately I was on my own and there were two passengers in the other vehicle, I think the only other good point for me is I'm taking my Advance driving course and have been recommended for my test, so they could hopefully testify I am a good driver.

So no, no evidence the insurance don't have, well they don't know about the advanced but they have all the other details :(

Ok so many of you know I was in an accident a few weeks back:

http://www.briskoda.net/forums/showthread.php?t=39658&highlight=fabia+clio

I now have my car back and am falling in love with it all over again' date=' was a bit worried I may not have been as happy with it as it had been hit, but I was wrong to worry!

Anyway, my Insurance company now has a copy of all the photos of my car and the third party's car after the crash, they also have images of the round-about where the crash happened. They've sent out a letter to the third's party's insurance company stating my case and have requested a reply by 23rd.

However last week I received a letter through from my Insurance company stating that the case may have to be settled 50:50 , which I don't want to do... The outcome would be a loss of no claims bonus, a near 2k insurance premium next yr and potentially me having to sell the car for a more "insurable" car!!! :eek:

I want, and my brother thinks I should not agree to any sort of shared blaim settlement and that if necessary I should push on to a small claims court. The hope being that hopefully this would make the third party realise I was serious and get them to finally admit liability.

If it did go to court (I assume my legal cover on insurance would cover this?) in an ideal world all that would need to be said would be the third party was attempting to turn right from the left hand lane of a round-about and drove into me ... and the case would be over, but i'm sceptical.

My neck is also still playing up and aching as a result, have been to the doctor at the time and he just told me to keep it mobile. :(

So any advice, any from legal type people particularly welcome....[/quote']

How wide was the road? say A road B road? If it was a small B road then it could go 50/50.

How wide was the road? say A road B road? If it was a small B road then it could go 50/50.

Two lane dual carriageway - three lanes as you enter the round-about, far left for left and straight on (the third party was in this lane), middle lane for straight on (I was in this lane) and far right lane for right turn!

I may be wrong because the roundabout had directions painted on the lanes, but it is not illegal to go right while in the left hand lane on a roundabout. Which would mean he did nothing wrong. I know it is not normal to do that but unless he was actually breaking a law, I dont think you can say it was his fault.

I can only guess but i assume he was in left hand lane and u in lane next to him. He is going right and you straight through? Then he hit into the side of u when u tried to exit the roundabout? In that case I would say it is 50:50 as he has broken no laws and you have actually cut across his lane to exit the round about. I know the signs painted on the round about say different but, IMO the only time you should be in the outside lane is for turning right.

This is prob no help at all. Just I have seen this happen time and time again and this is my opinion of it.

I may be wrong because the roundabout had directions painted on the lanes' date=' but it is not illegal to go right while in the left hand lane on a roundabout. Which would mean he did nothing wrong. I know it is not normal to do that but unless he was actually breaking a law, I dont think you can say it was his fault.

I can only guess but i assume he was in left hand lane and u in lane next to him. He is going right and you straight through? Then he hit into the side of u when u tried to exit the roundabout? In that case I would say it is 50:50 as he has broken no laws and you have actually cut across his lane to exit the round about. I know the signs painted on the round about say different but, IMO the only time you should be in the outside lane is for turning right.

This is prob no help at all. Just I have seen this happen time and time again and this is my opinion of it.[/quote']

Okay so here are photos of the round-about itself. I entered in the middle lane, she entered in the left. We were pretty much in the same position as the vehicles shown leaving the round-about (in the middle pic) when the accident happened. So I guess I was cutting across the left hand lane, but that is necessary when leaving a round-about. But as previously mentioned she came from the far left attempting to turn right.

Admittedly the law doesn't state it is illegal to do this but, the highway code does say ...

"use Mirrors - Signal - Manoeuvre at all stages

decide as early as possible which exit you need to take

give an appropriate signal. 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 traffic around you"

"When taking the first exit

signal left and approach in the left-hand lane

keep to the left on the roundabout and continue signalling left to leave.

When taking any intermediate exit

select the appropriate lane on approach to and on the roundabout, signalling as necessary

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 taking the last exit or going full circle

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."

Sorry mate I see it as 50/50, she wasn't signalling to exit the roundabout and as your paragraph said "be aware of the speed and position of all the traffic around you"

You signalled and cut right across her I'd even go as far as 100% blame on your part, my mate got done 5 points for the very same accident last year, careless driving I think. Their argument was he wasn't paying attention to the other traffic.

You changed lanes to exit the roundabout. You should have checked that the lane was clear, which it wasn't. I would accept the 50:50 if I was you.

I've been here before, didn't accept the 50:50, it went to court and I had to pay the lot.

I dont see that as your fault, if you ignore the road markings on your driving test and get into the wrong lane you will fail your driving test!!

The other car should have either taken the first exit or straight on. also how would you expect him to see the left hand indicator of a car that is on his left? so you wouldn't have known they weren't indicating left to exit unless they had the right indicator on.

FWIW I never position myself parallel to another car on any roundabout as i've seen people try this manouver too many times!! always slightly behind or try to keep infront!