Roundabout Accident

[KarlaGirl]

Please help. Any professional advise with items/documents to refer to would be seriously appreciated.

The Scene:

The roundabout is on Private Property on the Golf Club that I work at. It is a typical mini roundabout with 3,6,9, and 12 o'clock entrances/exits. It is one-lane and one-way (counterclockwise). The center of the roundabout had a large waterfall fountain made of boulders and topped with adult-evergreen trees. There are no street lamps and minimal lighting all together (random small spotlights on a few trees/bushes).

The Accident:

It was roughly midnight--pitch black (only a quarter moon)--and I entered the roundabout in the 3 o'clock entrance/exit heading towards the 6 o'clock entrance/exit (the longest driving length). As I approached the 9 o'clock entrance/exit, I checked for any incoming cars, of which there weren't any. When I turned my head back to finish the roundabout and take my exit, I immediately smacked into the rear of a parked car. The car was black (again, it was midnight), they were illegally parked in the one lane roundabout, there were no headlights, parked lights, or flashers on (no lights whatsoever) and the car was vacant. The two 20-year-old girls decided to get out and take pictures of the waterfall--at midnight (I don't get it...), and had jeopardized the safety of anyone trying to use the roundabout, as well as their own, by parking in such a way.

My claims adjuster said that, since I had hit them, it was my fault and I am liable for covering damages; however, I feel like she doesn't care or doesn't understand the minimal awareness and reaction time for the situation, what with the waterfall blocking my sight of the entire area. Is there any hope that it's not my fault and I can argue these points? She didn't seem to want to hear me out on this.

[ELVIS68]

I`ve drawn a map of this..ie 3,6 9 12 0` clock and when you say "I turned my head back" that says you wasn`t looking where you was going and on a roundabout you need to look ahead and not behind

[samak]

A similar thing happened to me a few years back - an illegally parked car which I hit. It was explained to me that just because a car is illegally parked doesn't mean you can go around hitting it. I had to pay.
Sounds like you might just have been tired and not really paying attention. Surely you don't need to turn your head around to check for cars, especially at night when moving cars would have their lights on...
Sorry for the bad news but I think you're bggered

[4getmenot]

even though car was black and it was dark you had your lights on. They shouldnt have parked there but maybe looking behind caused the accident

[classylady60]

I'm sure the other answers are right, having had my car "rear-ended" at a roundabout last week by a huge lorry carrying a digger on the back I have been told by peeps that it wasn't my fault and that rear end crashes are usually the fault of the person going into the back end of the veicle in front.

[bednobs]

this is an american i guess? anti clockwise is not the way we go round roundabouts here in the uk. It's quite difficult for us to comment on usa(?) insurance companies really

[whiskeryron]

At midnight you should have been driving with headlights on & you should have seen a parked vehicle, therefore you are at fault. Ron.

[RATTER15]

I'm with all of the above, if you hit a parked car its gotta be your fault, did this car not have rear reflectors glaring at you from the reflection of your lights?

If it was a person that you drove into, would it have been their fault for not jumping out of the way in time?

As drivers we are expected to expect the unexpected, we need to be paying attention at all times, this sound like one of these times that your attention slipped, accept it and move on.

[R1Geezer]

3 to 6??? That's the first exit, surely! do you mean 3 to 12, ie turning right Anyway all irrelevant, if you hit a stationary vehicle, even one illegally parked it can only be your fault, end of, no ifs or buts I'm afraid.

[R1Geezer]

sorry, even in the US I'd say if you hit a stationary vehicle it can't be anyone elses fault.

[RATTER15]

Do they have roundabouts in the USA?

[ChuckFickens]

Yep they do.

[RATTER15]

Well they shouldnt, roundabouts are British!!

[classylady60]

And British they must stay - it sez 'ere.....<smile>

[The-HouseHusband]

I think most have failed to spot that this was on private land so parking rules are well out of the window, fact is you hit a parked car after a late night at the golf club.

I hope you are not the club Pro, if you are I wont be booking any "Driving Lesson's"

[R1Geezer]

private land is only relevant if the public do not have normal access to it, otherwise all normal considerations apply. Eg you can be done for DD, driving into Tescos even though it's private land.

[joko]

if they had had to just stop for some reason - animal in road, person crossing, low visibility - you would still have hit them...so that they were parked is irrelevant...

[dave553322]

Hit something from behind mate it is your fault, that's the way it is!