roundabout crash. What shall I do?

[chriswt]

The girlfriend was involved in an accident yesterday on a roundabout and so its gonna be a tough one to prove so your advice is needed.

She was on a dual carriage way travelling towards Bluewater shopping centre. She was in the outside lane because a road sign said both lanes for Bluewater. As she got to the roundabout it was apparent that she needed the second tuning off the roundabout and therefore theoretically in the wrong lane.

She therefore, indicated right all around the roundabout making sure she was not going to cut someone up.

However, a Subaru was in the inside lane a far way behind my girlfriend and decided to speed up and join her as she was manoeuvring around the roundabout. She heard him accelerate (not difficult to hear when it’s a WRX) onto the roundabout and then shout at her “you’re in the wrong F***ing lane” before putting his foot down again and smacking into the side of her car. There was no attempt to brake and purely by shouting at her and accelerating he had time to stop. She is sure he got road rage and hit her on purpose.

He was a big built wide boy and wanted to have a go so when she pulled over he came out shouting. However, she had a very very bad day the day before and this was the icing on the cake. She just burst into tears and the man then became very sorry and was perfectly polite and helpful to her.

She knows she was in the wrong lane although the road sign said otherwise and indicated and looked to make sure she wasn’t going to hit anyone. Her car is quite badly damaged but the Subaru just has some very minor scratches.

How should she play this one or is it gonna be a 50/50 claim?

Thanks in advance guys

 

[Shude]

I would suggest the first thing to do is head straight over to the junction and take loads of pics.

Make sure of the exact story and write it down, draw some diagrams to explain.

Did she get the insurance details from the subaru driver? If he collided with your gf's car during his lane-change manouvre he might well be found to be at fault. Fault is usually something the insurance companies fight out though, it's not down to the individuals involved to try to appropriate blame, although obviously everyone thinks it was the other driver

 

[SilverSaloon]

just submit a claim to your insurance company with a good diagram, explaining what happend - blaming HIM at fault.

if the damage to your GF's car is on the rear side of the car its going to be very hard to prove that it wasnt HIS fault. Most rear end/rear side collisions are pretty much cut & dry.

Shame there were no witnesses?

the insurance companies can then argue it out amoungst themselves - i am sure if u explain the exact positions of both cars they will easily see that he is at fault.

She was not in the wrong lane - she was in the correct lane for going round the roundabout - its irrelevant whether she was in the wrong lane to take the 2nd exit off as she didnt take the exit so thats got nothing to do with it. Just state that she was going round the roundabout indicating right & he hit her... simple as.....

good luck.

 

[chriswt]

I'm getting the feeling that it go be 'knock for knock' as there were no witnesses. We have all the details etc and have drawn a detailed plan view of the crash before, during and after. I guess it will all come down to the insurance companies.

I'm not sure if the highway code allows you to change lanes on a roundabout?

 

[Howard]

See Silversaloons post Chris

 

[chriswt]

Thanks Silversaloon your post came as i was replying to the 1st one!! thats a great help.

 

[fuzzer]

does she drive a mercedes?

 

[Shude]

I'm getting the feeling that it go be 'knock for knock' as there were no witnesses.

I didn't think knock for knock still existed, I'm almost certain that one party always ends up paying for the whole thing these days.

I'm not sure if the highway code allows you to change lanes on a roundabout?

How would you ever leave a roundabout if you couldn't change lanes?

 

[chriswt]

Shes got a jinx Saxo VTR, the first one got written off while parked outside her house.

Just for the record she's a very good driver most of the time (i know everyone says that) and her skills sometimes supprise me!!! She has a very 'male' attitude when it comes to driving!! is that a good thing??

Very true about lane changing lol

Does she tell the insurance company that he shouted at her saying she was in the wrong lane or just tell them that she could here him shouting before speeding up?

 

[SilverSaloon]

Thanks Silversaloon your post came as i was replying to the 1st one!! thats a great help.

this is the important bit:

She was not in the wrong lane - she was in the correct lane for going round the roundabout - its irrelevant whether she was in the wrong lane to take the 2nd exit off as she didnt take the exit so thats got nothing to do with it. Just state that she was going round the roundabout indicating right & he hit her... simple as......

you can change lanes on a roundabout fine if u are indicating, which u say your GF was....

insurance companies wont argue about a claim if its obvious they are at fault. They simply pay up and put the price on the guy's premium.

 

[glojo]

Hi,
First off I am sorry to hear about this incident and hopefully your girl friend is not too shook up.

If drivers fail to exchange details at the scene, then my advice would be to report this incident to the Police straight away.... It will be impossible for you to look at this through nuetral eyes and most folks on this forum will take your side. However there are two sides to every story and the other driver might have a completely different story. The essential thing is to simply report it to the Police and the insurance company.

The other driver might have gone to the Police and made all sorts of outlandish allegations.

Good luck,
John

 

[219]

Firstly , don't suppose there were any CCTV cameras overlooking the roundabout which may have recorded the incident - worth going back for a look - but don't leave it too long . In Glasgow area there are such cameras all over the place linked back to the Police CITRAC control room .

I don't know your area , but from what you say , I assume the exit your GF required was left of straight ahead and , realising this , your GF decided to make a complete circuit of the roundabout before exiting ?

If she trafficated right on the approach to the roundabout , then gave a breakaway signal once passing the exit prior to the one she required , then she acted correctly .

Did the other vehicle come from the same approach road as her ? If he was approaching in the left hand lane ( normally designated for traffic turning left or going straight ahead ) did he then turn right ? If so , where was he going ? It may be possible to show that HE was in the wrong lane . You do not say how far they had gone round the roundabout before the collision occurred . If he was in the nearside lane going staright ahead and the collision occurred before his exit , he might be able to point some blame at your GF if she had started moving over before this point . If she was holding right , close to the hub of the roundabout , trafficating right , past the straight ahead point (12 o'clock) and he came up on her left and struck her , it would be hard to see how he could evade blameworthiness .

Unfortunately , trafficating left before exiting a roundabout does not in itself absolve you from blame if someone comes up your nearside : you are meant to take rear observation and check that it is clear before changing position . That said you are really looking for someone circulating alongside you in a reasonable manner , not some speedster dangerously overtaking everyone round the outside .

Hope this helps .

 

[SportsCoupeRich]

I am pretty sure I know the roundabout you mean. Is it heading from Bean, with a turnoff from the A2?

If it is this one I am suprised I dont see more crashes there. Terribly designed roundabouts surround Bluewater.

 

[chriswt]

I am pretty sure I know the roundabout you mean. Is it heading from Bean, with a turnoff from the A2?

If it is this one I am suprised I dont see more crashes there. Terribly designed roundabouts surround Bluewater.

Thats the roundabout. The road markings are gone so you think that being in the left lane is ok unitl you realise that the Bluwater turning on your right.

The insurance company said that because you were infront and stayed in your lane whilst indicating your intention that it might be ok and at worse a 50/50 split. She'll only pay 1/2 the excess and lose 2 years no claims rather than 4.

I want her to get a A3/Golf/Seat or something or the turbo charged nature next so she needs all the NCB she can get even at 27 years old.

The problem is that the guy hit her on purpose becuase of a fit of rage. He had time to brake but decided to speed up.

The GF knows she was in the wrong lane but checked her mirrors before continuing around the roundabout.

No CCTV around and no one stopped to be a witness.

The guys insurance company is saying that my GF changed lanes on the roundabout and he then hit her. That wasn't the case but its just her word against his.

All your help has been greatly appreciated guys

 

[Doodle]

The amount of NCB lost generally doesn't change, you'll lose 2 years because you were at fault, be it partly or completely. That's the industry standard.

The only thing that part fault affects is the amount of excess you have to pay.

 

[DieselE]

You get loads of drivers doing what your girlfriend did and most of them without the benefit of indicators. If she'd been at the wheel of a 44T Scania instead of a Saxo, the other guy would have let her get on with it without a murmur.

According to the good old Highway Code (Rule 162) it's only if you are taking the last exit that you have to be in the right hand lane. Otherwise it's select the appropriate lane signalling as necessary which seems to fit in with your girlfriend's actions.

 

[chriswt]

Thats an interesting point, thanks.

Having a 44T Scania doesn't stop some people although they often live to regret it!!!

 

[PJH]

Your g/f did the right thing by going around the round-about in order to have a 2nd attempt at taking the correct exit.
I feel that it's the Subaru driver's fault. If he can see that someone is unsure of they're direction or position he should have given her more room.
As Shude said, any pics of the road signs/markings will help her case.

 

[jeremytaylor]

I'm assuming it was a fairly minor bump (both cars going same direction, roughly the same speed).

The other guy will probably deny she was indicating, and deny that he accelerated into her. The insurance co. will not waste time and money investigating and will deal with it on a knock for knock basis.

IMO the Scooby driver was in the wrong. If I'm on a roundabout and I see someone in front indicating to pull off, I give them space. Who doesn't?

 

[Dieselman]

I think this will go knock for knock.
I had a similar accident a few years ago. I followed an old boy onto the roundabout in the inside lane, this lane then has fresh lanes added to it as you go round. The old chap moved into the newly created inside lane and I carried on in the existing lane. Both lanes were correct for the exit we wanted. At some point the old chap became confused and turned back into the lane I was in, the only problem was my rear door and wing were in the way. Oops!

Of course his battleaxe Wife blamed me and they reported as such to his insurance company. The only way the insurers could make their story fit was to place the accident further round the roundabout, at the following junction. They went and took pictures and used these as "evidence" of me continuing when I should have turned left.
The only problem was that their pictures depicted the junction AFTER we pulled into a bus layby to exchange details.

Still took 3 Years to sort out and went knock for knock though.

Just give the details to the insurers and wait. Try not to get stressed.