highway code query

[david55amg]

Hi all. Just wondering if anyone can shed some light on a problem I am having. Long story short, my wife was hit by another car while coming off a roundabout. She was in the l.h. lane going straight on and this car cut her up and o/s/f wing met his n/s/r 1/4 panel. highway code rule 160 states to take the l.h. lane when going straight on, this was even a single carriagway to single carriagway. The problem is he is contesting this and my insurance company is saying it might go 50-50.

1) How is this so, it was evidently his fault even with no witnesses.

2) If so, will that mean I will lose the no claims already taken off.

also my insurance co. stated "When dealing with motor claims we do not go by the rules of the highway
code however we go by the facts of the accident itself."

what's all that about??

sorry for the length of this and for rabbiting on but it has got under my skin now as it taken 10 months and it stil isn't resolved

any comments would be gratfully acknowledged

 

[Dieselman]

If there were two lanes on the roundabout and neither was marked specifically this could be awkward.

Were both cars level all the time or did one car overtake the other? If one overtook then that one should be deemed to be at fault as it was in the more aggressive position.

I had an accident on a marked roundabout and it took three years to sort out. The other party and their insurers were somewhat confused.
Obviously they were using an old dictionary where 'Lane' and 'Discipline' didn't feature.

 

[david55amg]

Thanks for your input but I didn't want to hear it took you 3 years to sort

Both sides of the roundabout were single lanes. The other lad looked like he was going to turn right but all of a sudden, he jinked left to go straight on. He said he didnt see Kirstine. He was well ahead of the missus (which was strange to start with, if she had an inkling of him trying to go straight on, full throttle and he wouldn't have seen her for dust)

 

[Dieselman]

He said he didnt see Kirstine. He was well ahead of the missus

Sounds like his liability then. Any signal?

If he was in front how did she catch him up or do you think he was driving deliberately slowly.

 

[pammy]

When exiting a roundabout you are supposed to check over your left shoulder to ensure no one is on your inside so that you don't cut someone up. Sounds like his fault as he clearly couldn't have done that, although he may be arguing that your OH came up so fast that he had no way out etc - more than likely a pack of lies but I can see it ending up 50/50 unless you fight.

 

[david55amg]

when I sad well ahead, she was probably 5-6 mtrs behind him. Not expecting him to suddenly turn left, she didn't have time to avoid his rear wing. at least the alloys didnt take a battering!!

p.s. it has no lanes marked out on either side but you can JUST fit two cars alongside each other

 

[Benzowner]

Unmarked roundabout will probably result in a knock for knock as neither party will technically be in the wrong or if they are it will be by the same amount. IMO

 

[Dieselman]

If there were no lanes at all this will be difficult as technically the other party stayed in the main lane.

Or have I got this wrong and there are lanes just no markings.

 

[david55amg]

If you look at this, you can see the only lane you can go straight on is the l.h. one. He was trying to beat the queue which builds up at peak times. this roundabout shows 2 lanes whislt ours didn't plus it didn't have any markings either

Oh yes Pammy, I'm definately going to fight this one

 

[verytalldave]

This may not be the answer you were hoping for, but seeing as you asked. here goes.................
If there is an accident where nobody sustains injury, then the police will not normally get involved unless there is road blockage. So..........
When there is an accident involving two vehicles AND THERE ARE NO INDEPENDANT WITNESSES then the insurance companies only ever have the two reports from the two drivers to base their conclusions upon.
You will never see the other persons report, likewise they will never get to see yours. Often the two reports contain conflicting information as its not in the "guilty" parties interest to perhaps reveal ALL salient facts EXACTLY AS THEY HAPPENED - IF YOU KNOW WHAT I MEAN.
The insurance companies often agree to a 50:50 settlement if this is the case. Its something they have been doing for very many years. Once decided you cannot contest this - even if you consider it very unjust and are, in your opinion not to blame.
I, myself was involved in a road traffic accident several years ago which took place in an unlit single width country lane at night. There were no independant witnesses.
The road was wet and covered in gravel making skidding under braking very likely. There was a bend in road and I saw a cars headlamps coming from the other direction. I slowed down and actually came to a stop. The other car came round the bend, saw my car, braked and skidded on the gravel and into my car causing quite a bit of damage to both cars.
I was in no way to blame as I had already stopped.
And the outcome?
50:50 payouts.
The way I have told you is more or less what I told my insurance company and yet it made no difference whatsoever. I never saw the other drivers report, so I can only imagine what it may have contained.
I say all this just so you know that almost any accident involving two cars with no witnesses results in a 50;50 result.
By all means fight it, and I really do wish you well, but dont hold your breath.
Sorry, but the world isnt fair sometimes.

 

[Dieselman]

So is this single or twin lane entry and exit. It thought you said single.
If he has indeed queue jumped than it's his fault, but how can he queue jump if only single lane entry?

 

[Thmsshaun]

If this insurers do not go off the highway code then what is the point of having it. Surely if you are driving do the code you can not be liable in anyway. Clearly the guy in the right hand lane would be in the wrong.

I would fight that one.

 

[Thmsshaun]

This may not be the answer you were hoping for, but seeing as you asked. here goes.................
If there is an accident where nobody sustains injury, then the police will not normally get involved unless there is road blockage. So..........
When there is an accident involving two vehicles AND THERE ARE NO INDEPENDANT WITNESSES then the insurance companies only ever have the two reports from the two drivers to base their conclusions upon.
You will never see the other persons report, likewise they will never get to see yours. Often the two reports contain conflicting information as its not in the "guilty" parties interest to perhaps reveal ALL salient facts EXACTLY AS THEY HAPPENED - IF YOU KNOW WHAT I MEAN.
The insurance companies often agree to a 50:50 settlement if this is the case. Its something they have been doing for very many years. Once decided you cannot contest this - even if you consider it very unjust and are, in your opinion not to blame.
I, myself was involved in a road traffic accident several years ago which took place in an unlit single width country lane at night. There were no independant witnesses.
The road was wet and covered in gravel making skidding under braking very likely. There was a bend in road and I saw a cars headlamps coming from the other direction. I slowed down and actually came to a stop. The other car came round the bend, saw my car, braked and skidded on the gravel and into my car causing quite a bit of damage to both cars.
I was in no way to blame as I had already stopped.
And the outcome?
50:50 payouts.
The way I have told you is more or less what I told my insurance company and yet it made no difference whatsoever. I never saw the other drivers report, so I can only imagine what it may have contained.
I say all this just so you know that almost any accident involving two cars with no witnesses results in a 50;50 result.
By all means fight it, and I really do wish you well, but dont hold your breath.
Sorry, but the world isnt fair sometimes.

Thats disgusting. So you were 50% to blame for simply being on the raod

 

[pluggers]

If it went 50 50 then any excess you paid you will get half of it back,And it will go down on record as a "part fault"Annoying especially when you know someone else did something daft to cause the accident.

I dont want to imply anything but

He was well ahead of the missus (which was strange to start with, if she had an inkling of him trying to go straight on, full throttle and he wouldn't have seen her for dust)

She didn't put her foot down did she?

 

[pluggers]

This may not be the answer you were hoping for, but seeing as you asked. here goes.................
If there is an accident where nobody sustains injury, then the police will not normally get involved unless there is road blockage. So..........
When there is an accident involving two vehicles AND THERE ARE NO INDEPENDANT WITNESSES then the insurance companies only ever have the two reports from the two drivers to base their conclusions upon.
You will never see the other persons report, likewise they will never get to see yours. Often the two reports contain conflicting information as its not in the "guilty" parties interest to perhaps reveal ALL salient facts EXACTLY AS THEY HAPPENED - IF YOU KNOW WHAT I MEAN.
The insurance companies often agree to a 50:50 settlement if this is the case. Its something they have been doing for very many years. Once decided you cannot contest this - even if you consider it very unjust and are, in your opinion not to blame.
I, myself was involved in a road traffic accident several years ago which took place in an unlit single width country lane at night. There were no independant witnesses.
The road was wet and covered in gravel making skidding under braking very likely. There was a bend in road and I saw a cars headlamps coming from the other direction. I slowed down and actually came to a stop. The other car came round the bend, saw my car, braked and skidded on the gravel and into my car causing quite a bit of damage to both cars.
I was in no way to blame as I had already stopped.
And the outcome?
50:50 payouts.
The way I have told you is more or less what I told my insurance company and yet it made no difference whatsoever. I never saw the other drivers report, so I can only imagine what it may have contained.
I say all this just so you know that almost any accident involving two cars with no witnesses results in a 50;50 result.
By all means fight it, and I really do wish you well, but dont hold your breath.
Sorry, but the world isnt fair sometimes.

Its disgusting that these things happen,Were you hurt in this collision,Police could have got involved then and crash investigators would have seen skid marks crossing onto your lane into the side of your car.The way ahead should see cameras inside the car to log any such incident.

 

[verytalldave]

Thats disgusting. So you were 50% to blame for simply being on the raod

As I said, the worlds not a fair place. Its something well worth bearing in mind when claiming on car insurance.

 

[Dieselman]

As I said, the worlds not a fair place. Its something well worth bearing in mind when claiming on car insurance.

As you say, it's all about provability and cost.

 

[david55amg]

Ok then.
verytalldave, cheers for that, you're right, the world sucks. thanks for the encouragement. it makes a strong case for having cctv in our cars doesn't it? sorry to hear you had a bad one like that. how long did it take for them to come up with that result then?

dieselman, it is a single carriagway but it is wide enough for 2 cars at the entry side, just.

 

[verytalldave]

Its disgusting that these things happen,Were you hurt in this collision,Police could have got involved then and crash investigators would have seen skid marks crossing onto your lane into the side of your car.The way ahead should see cameras inside the car to log any such incident.

Some cars do have incident cameras installed. Its a fairly popular aftermarket modification. Cameras front and back that record a rolling 10 minutes of video that stop after an incident. Its designed EXACTLY for these type of situations.

 

[david55amg]

If it went 50 50 then any excess you paid you will get half of it back,And it will go down on record as a "part fault"Annoying especially when you know someone else did something daft to cause the accident.

I dont want to imply anything but

She didn't put her foot down did she?

For once, no she didn't . if she had, there wouldn't have been an accident!