Driving question!

[Emu2005]

This morning I was driving off a roundabout, and the car to the lane on my right drove into my lane (there are clear markings to show it was my lane, but if you don't follow the markings you might think that the right lane went round to the left more). Anyway I had to swerve so that he didn't hit me � it was blatantly a very near miss accident. I have a couple of questions on this:

- If I had swerved and hit a car to my left (out of instinct I hadn't checked I just swerved immediately, luckily no-one was there) I assume it would be my fault and not the fault of the car who drove into my lane who would have had no damage as I avoided them hitting me?
- If I hadn't swerved and this car had hit me, would it have been my fault for not swerving (say there are no other cars about)?
- There was a police car driving behind this car, why didn't they pull them over? This is surely dangerous driving as could have resulted in an accident, much more likely than someone speeding would have yet they'll happily pull you over for that.

I'm just trying to work out what the right thing to do in that situation is!

Thanks!

[Buenchico]

If you'd have instinctively swerved and hit a vehicle on your left, it would still be the fault of the driver who cut across your path. In the unlikely event that there were independent witnesses who could provide statements and the offending driver could be traced he (or his insurance company) would be liable to pay for the damage to your vehicle and to the one you hit. However, in reality he'd have just driven straight on and your insurance company would agree to treat the situation as if you were at fault. (However, you still couldn't be prosecuted for a motoring offence - or at least you shouldn't be!).

If you'd have not swerved (even though you had space to do so), the driver who cut across you would still be at fault. (Theoretically, lawyers could argue that you might be say, 5% or 10% to blame because you'd failed to exercise defensive driving techniques and anticipate his movement but, realistically, his insurance company would accept that he was to blame).

The driver of the police car might simply have been concentrating on his own driving, while his colleague (if any) was otherwise distracted. Alternatively, it could have just been the end of their shift and they wanted to avoid a load of paperwork ;-)

Chris

[Emu2005]

No it isn't like that - the lane I was in splits into two, I always chose the right lane option as the left lane is for left turn only up ahead and I go straight on. Believe me he wasn't trying to make a point - he just wasn't looking at the road markings and treated the road as if he owned it.

Thanks for your help buenchico - so what would you do in this situation then - not swerve and have your car hit? Just wondering. I am so fed up of driving - just ar5eholes on the roads!

[Stevesw]

I had something similar two years ago. In the right hand lane of fast dual carriageway overtaking two slower vehicles. The vehicle on my left decides to overtake the car in front of him and swerves out into my path with no indicators. I swerve right, to avoid him had hit the armco which pulled me round into a spin at 70mph. He drove straight on without seeing me. I ended up sliding along the barrier facing the wrong way up the carriageway. I didnt get a number nor did anyone else. Had to fork out �1600 for body repairs. In hindsite I wish I let him hit me.

[Stevesw]

PS Lots of paperwork for a dangerous driving wrap, but doing a speeder is money for old rope.

[Panic Button]

If a car on a roundabout had to stay in lane and not change lanes, it would never get off the roundabout.