[esjay]

I was travelling home from work yesterday when somebody but me up on a fairly large and unmarked roundabout near Sheffield.

Without going into too much detail, he was in the right hand lane and I was in the left hand lane. I was positioned to his left slightly ahead of him most of the way around. He accelerated to cut in front of me, without signalling and on a single lane exit. In doing so hit the front corner of my bumper.

As I work in a solicitors (however not a solicitor) I come across these sorts of people every day. I also know the insurance companies will try to disguise this as a rear end shunt on my part which isn’t fair as I’m in no way shape or form responsible for this accident as I did everything in my power to prevent it.

We have no independent witnesses and no way of proving this is how it happened. I can’t see how there’s any way I can prove I wasn’t at fault. We went straight to the police station to report his aggressive and thoroughly unhelpful conduct and even the officer there said he was in the wrong lane.

My question is, has anybody been in the same position and come out with the outcome they deserve? The solicitors seem to think we'll get 80/20 but I think that's really harsh on my part; I shouldn't be paying anything.

NB: I’m currently awaiting the other side’s response but expect this is how it’ll pan out.

[wagolynn]

In answer to your question, re satisfactory outcome; from the insurer’s standpoint, with only both parties’ statements to go on, it looks like both parties were driving without due care and attention; therefore, it is likely to end up as a 50/50 outcome.
Your description, suggests you believe there are lane rules on roundabouts, there are none, only suggestions. Taking a defensive driving approach, I would ask myself, “What could I do to prevent me being involved in such an incident in future?” In this case, I would say I must never assume I know where another motorist is going, particularly on a roundabout and try not to position myself in what may be another motorist’s blind spot.

[esjay]

Thanks for the input wagolynn, appreciate the input.

Without adding too much information about the accident... What I am keen to stress is that the driver changed position too quickly to exit, not giving way to myself, not giving me enough space and cutting across the front of my vehicle. I left more than enough room, slowed down, sounded the horn and stamped on the brakes and could do nothing to avoid the accident. On his part it was nothing but pure aggression and/or complete ignorance that caused the accident. I was actually in front of him on the roundabout at one point, so not knowing I was there seems a little far fetched.

What I'm not happy about is splitting this 50/50 or 80/20 for that matter, so if there are any ways in which you can think that I can prove this was the case, please do let me know.

[smudger]

Sorry to read about your bump esjay, I think the only way you could prove your case would be if you had one of them "dash cameras" on board.

As it has already been mentioned, a 50/50 verdict will probably be the result that the insurance companies will come up with, which I agree would be a travesty of justice! :mad:

[Snowball]

Sorry wagolynn, but you are being overly harsh. The OP has already stated that he did all in his power to avoid a collision, so to say that 'it looks as though both parties were driving without due care and attention' is, as you were not there, not very polite. You have offered two unsubstantiated opinions against the OP; (a) that his reactions were at fault, and (b) that he was not driving with due care.
I would also point out that, regardless of utmost care in attention and 'defensive driving', this is no guarantee that no collision will occur. The other driver's response will have a significant bearing upon the outcome.

I am not going to presume that I have any idea who is, or is not, to blame; or even if there is any shared blame.
What I will say is this. Financially, it is advantageous for insurers to agree joint blame, since then both parties will lose there excess. Good for the insurers.
For the OP, the problem is a twofold one. (1) he has the job of proving himself to be free of blame, and (2) a battle against his insurer's best course financially.

[Rolebama]

I can only suggest that you fight the insurance company for a 100% on the other driver's part. Your version of events makes perfect sense. Having said that, it really depends on what the other driver says happened, and try to disprove his version either by reference to damage or road layout.

[MrDanno]

Originally Posted by esjay

Without going into too much detail, he was in the right hand lane and I was in the left hand lane. I was positioned to his left slightly ahead of him most of the way around. He accelerated to cut in front of me, without signalling and on a single lane exit. In doing so hit the front corner of my bumper.

Why was you going all the way round in the left hand lane? Take a look at the highway code http://www.direct.gov.uk/en/TravelAn...code/DG_070338

As I work in a solicitors (however not a solicitor) I come across these sorts of people every day. I also know the insurance companies will try to disguise this as a rear end shunt on my part which isn’t fair as I’m in no way shape or form responsible for this accident as I did everything in my power to prevent it.

Regardless of who is right or wrong, A press on the brake pedal or a turn of the steering wheel could have been the difference between a collision and no collision.

We have no independent witnesses and no way of proving this is how it happened. I can’t see how there’s any way I can prove I wasn’t at fault. We went straight to the police station to report his aggressive and thoroughly unhelpful conduct and even the officer there said he was in the wrong lane.

Police are often wrong when it comes to driving and the rules.

It is impossible for any of us to give a true answer because you gave such little information about it, The way I read what you wrote is that you and the other driver went more than 180 degrees around the roundabout. In the rules of the highway code going more than 180 degrees would automatically make the right hand lane the correct lane for a 2 lane roundabout unless signs or road marking state otherwise.

[esjay]

Thank you for those with valued input and understanding my concerns regarding the insurance.

Just to clear up, the exit I was taking was the 2nd exit and was at less than 12 o clock. I will say no more about the accident details now as I believe it to be irrelevant in answering my question.

The major point is that I could have done no more, short of not entering the roundabout at all, to prevent this accident yet I believe the third party and their insurance will argue the toss. It's going to be difficult and at the moment I have very little time to keep pushing through this claim, which is why I immediately instructed solicitors.

I'm hoping the third party comes back with a completely inept version of events, then hopefully we can nail them to the mast.

[wagolynn]

Originally Posted by Snowball

Sorry wagolynn, but you are being overly harsh. The OP has already stated that he did all in his power to avoid a collision, so to say that 'it looks as though both parties were driving without due care and attention' is, as you were not there, not very polite. You have offered two unsubstantiated opinions against the OP; (a) that his reactions were at fault, and (b) that he was not driving with due care.
I would also point out that, regardless of utmost care in attention and 'defensive driving', this is no guarantee that no collision will occur. The other driver's response will have a significant bearing upon the outcome.
I am not going to presume that I have any idea who is, or is not, to blame; or even if there is any shared blame.
What I will say is this. Financially, it is advantageous for insurers to agree joint blame, since then both parties will lose there excess. Good for the insurers.
For the OP, the problem is a twofold one. (1) he has the job of proving himself to be free of blame, and (2) a battle against his insurer's best course financially.

Hi Snowball,
First, you appear to have missed,” from the insurer’s standpoint”.

Second, you appear to believe that accidents just happen, they do not, usually but not always both parties make mistakes and do not recognise potentially dangerous situations as they develop.
I see you are dismissive of defensive driving methods but it is interesting to see what can be done to prevent being involved in such incidents.

Stage one, ensure you are visible, if you are not visible to the relevant drivers you are in danger, adjust your relative position until you are safe (even with vehicles in adjacent lanes when backing off leave at least your braking distance between you and the other vehicle).

Stage two, do the relevant drivers show they know what you are doing, eye contact, making space for you etc, if not, can this be corrected or stage three.

Stage three, are you certain where other relevant drivers are going, if not what are their options straight on, left, right or stopping, will any or all of these manoeuvres put you in danger, if so, back off is usually the safest option.
I think you would have to agree Snowball if one or both parties had used even one of this check list the collision would not have happened.

[MrDanno]

Originally Posted by esjay

Just to clear up, the exit I was taking was the 2nd exit and was at less than 12 o clock. I will say no more about the accident details now as I believe it to be irrelevant in answering my question.

I'm sorry but, You asked questions without providing enough information for people to be able to give a true opinion. Now it is much clearer what happened.

The major point is that I could have done no more, short of not entering the roundabout at all, to prevent this accident yet I believe the third party and their insurance will argue the toss. It's going to be difficult and at the moment I have very little time to keep pushing through this claim, which is why I immediately instructed solicitors.

I'm hoping the third party comes back with a completely inept version of events, then hopefully we can nail them to the mast.

Do come back and post the final conclusion.

[MrDanno]

Originally Posted by wagolynn

if one or both parties had used even one of this check list the collision would not have happened.

I can't argue with that, I don't think anyone could.

[wagolynn]

I assume you do this instinctively Mr Danno, written out, it does look complex but in practice, it is very simple. The big advantage is, just about any likely action from another driver is covered.