car accident liability

[ROSSNICHOL82]

I have recently had a car accident, i was half way around a mini roundabout (with indicators on), when a young lady has pulled out in fornt of me and i have broadsided her car. When she got out, she claimed that she thought she could of beat me. However, later started to claim i cut over the mini roundabout. Is she purely liable?? - as my policy excess is �1200.

[chrisn]

She would be wholly liable, regardless of whether you were cutting the centre or not (as this is her claim and cannot be proven). You can use her statement that "she thought she could beat you" to your advantage, it is her admission that she saw you ALREADY on the roundabout, and therefore she failed to give way, as the law stipulates. By the way, i'm a loss adjuster for a large car insurance firm. Good luck!

[ianess]

It's one of those infuriating incidents that could go either way, assuming that there were no witnesses. I think the odds will be in your favour as in theory drivers should give way to vehicles approaching from the right [in UK] and who were already actually on the roundabout, ie had already crossed the entry "give way" markers.
Hopefully the insurers will agree who was to blame, but if they settle on a knock-for-knock basis it could prove expensive for you. Joys of motoring I'm afraid.

[marcus577]

You are aloud to go over a mini roundabout so long if its not surrounded by bricks.

[marcus577]

When reaching the roundabout you should

give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights
check whether road markings allow you to enter the roundabout without giving way. If so, proceed, but still look to the right before joining
watch out for vehicles already on the roundabout; be aware they may not be signalling correctly or at all
look forward before moving off to make sure traffic in front has moved off.

[Grunty]

I agree that the odds are in your favour. One tip: write down exactly what the other driver said and time/date it. You may have to tell this to a court several months into the future when your memory may have faded. The court can allow you to read from the note if they are satisfied that it was made while the events were still fresh in your mind. In any case, you can always read it to refresh your memory before you go into court.

[kazza12345]

i have always been under the impression that a mini roundabout only indicates the direction and flow of traffic. not that you necassarily have to "go round" them (coz frankly unless you are driving a smart car, there often isnt enough room anyway!)

[kempie]

kazza12345 & marcus577 - This from the Highway Code

164: Mini-roundabouts Approach these in the same way as normal roundabouts. All vehicles MUST pass round the central markings except large vehicles which are physically incapable of doing so. Remember, there is less space to manoeuvre and less time to signal. Beware of vehicles making U-turns.
Laws RTA 1988 sect 36 & TSRGD reg 10(1), 16(1)

RTA = Road Traffic Act
TSRGD = Traffic Signs Regulations & General Directions 2002

[stanleyman]

I suppose we've all come across the situation where you approach a roundabout, slow down to check the traffic, see a car approaching from the right some way from the roundabout, think well I'm here first, proceed and then find he's going so fast, he hasn't slowed down to check his traffic and before you know it he's on top of you blasting his horn, usually in some tarted up hatchback.

I can't see why you should be going so fast on this mini roundabout that you couldn't see the other car and easily avoid a collision. If you did cut over the roundabout then it would indicate to me that you where driving too fast, we don't know if she saw you already on the roundabout or before it. Mini roundabouts by their very nature are taken in slow motion so I fail to see how this happened.

[tali122]

your not at fault

�1200 policy excess??? -jeez!

[stanleyman]

I'm guessing by your name that you are 24 years old and that you have a �1200 insurance excess because you are a high risk for some reason, am I right? Which way were you indicating on the roundabout?

[ROSSNICHOL82]

STANLEYMAN;

Yes I am 24, my excess is high due to me having a hunger for doing well and I drive a flash car - this is why my excess is so high!

I was indicating to turn right, the second exit. When on a roundabout (whether it be a mini or not), the law is the same, give way to the right not give way to the left in case come nutter decides to cut me up. I was at low speed, and the only way this would have been avoided was if the young lady had been patient enough for me to exit the mini roundabout.

I feel that you have tried patronise me due to my age, I am I successful young man and not a boy racer as you may like to assume.

Regards

[stanleyman]

The rule of giving way to the right is for, in this case the lady driver to observe, not for you to enforce. You have a duty to be aware of other drivers and anticipate their actions, this is something you have yet to learn. Courtesy costs nothing and would have saved your car.

Put it this way, if, god forbid, you were driving my daughter, knowing the circumstances here I would be extremely concerned and worried for her safety. I shouldn't have to be. I've seen all this before many times with young drivers often with tragic results.

You've admitted you have, or did have a flash car and it usually follows that your driving is also flash. I don't have to assume you are a boy racer anymore, you have confirmed it. You've not had an accident before then?

May I suggest that it would benefit you if you took an advanced drivers course and perhaps learn to drive defensively and avoid collisions. Perceived success doesn't make you a good driver, quite the opposite in fact. You know I'm right, that's why you are biting!

[ROSSNICHOL82]

Stanleyman:

I'm biting due to the fact you are one of these sad people that seems to like dragging an issue out into something more than it is.

I have posted a question for my curiousity to hopefully get some confidence and allow me to not stress about my incident - ensuring that I was not at fault.

I was not driving fast as you like to think, this is my first accident and don't want to lose my no claims (4years). You have been persistent in the fact you have posted a question asking my age and claiming me to have a bad record and a high risk - i am not a stereo typical individual.

I do think after, how it could of been avoided - however, I was travelling around the round about, she had initially stopped, I proceeded to my exit and she suddenly set off again. I fail to see how this is my fault? How would you think the insurance companies will perceive this? I am mature, careful driver and would also agree that your daughter should not be in the hands of a lunatic driver (such as a boyracer that you would like to thinkt I am).

Please don't be harsh, I am young but do know the rules of the road - an accident is an accident cause it is a sudden incident that is not avoided at the time. If I have not managed to avoid it, does that make me guilty?

Or another way... imagine if had swerved to avoid collision, and hit a young lady/girl such as your daughter - how would you then judge that?

[stanleyman]

You asked a question, I've given you my answers, it doesn't have to be the same as everyone else and you don't have to like it. If I'm playing devils advocate it's because from what you've said It looks different to me and it could do to the insurance company as well, I might be the sad person dealing with it, then what?

I was a young driver once as most people were and I remember that I wasn't that experienced and had silly accidents that I know now could easily have been avoided. My driving has hopefully improved now and I'm more aware of what is around me and I have a sixth sense of what is about to happen and take action early. If this had happened to me I would have been ready, never trust anyone, they always do the unexpected.

I'm not blaming you for being young and inexperienced, how could I, it's a fact of life that young drivers have more accidents and I'm merely making the point that it could have been avoided if you were really going that slow, but I wasn't there, only you know what happened and if you are happy it wasn't your fault then fine. How do you know it wasn't my daughter you hit?

I'm sorry I can't put your mind at rest but I think you are both to blame. Good luck with it anyway.

[ROSSNICHOL82]

Stanleyman;

Thanks for your honesty.

All the best.

[ROSSNICHOL82]

Just to inform those of interest, the decision was decided by our insurance companies that it was 100% her fault.

I received my �1200 excess back and awarded my full NCB back.

Regards