Who's to blame car accident on a roundabout

[loulou2626]

Three lanes leading to a roundabout on the A6178 (meadowhall roundabout, by TGI Fridays). I exited the TGI fridays car park wanting to leave the roundabout and head towards the M1 J34. I could only get into the middle lane due to the volume of traffic. I indicated right at the lights and entered the roundabout in the LH lane. A car in the RH lane cut me up half way aound the roundabout and i had to carry out an emergency stop. I did not hit the car that cut me up and they exited the roundabout heading towards meadowhall shopping centre. I was then hit from behind by another car.
We both pulled over and swapped details the car that cut me up returned and gave there details to the car that hit me. She said i was in the wrong lane and it was my fault.
I am now being taken to court by the driver who hit me and they are claiming for wip lash injuries against me.
I'm really worried about the whole thing, who do you think is to blame?

[mccfluff]

they hit you from behind? then they are at fault for being to close

[donkeymike]

Taken from the highway code

126
Stopping Distances. Drive at a speed that will allow you to stop well within the distance you can see to be clear. You should

leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops. The safe rule is never to get closer than the overall stopping distance (see Typical Stopping Distances PDF below)

[loulou2626]

but the driver who cut me up has given a witness statement saying i was driving erratically!! and the person who hit me could not have antisipated me stopping when i did.

[donkeymike]

What part of this do you not understand

leave enough space between you and the vehicle in front so that you can pull up safely if it suddenly slows down or stops

[mccfluff]

but they should still be able to stop without hitting you, it will be down to the insurance compnaies to sort it out

[loulou2626]

Thanks for the advice, I have to give a formal statement to my insurance company this week. You have put my mind at ease.

[tamborine]

You were sandwiched with nowhere to go but stop. The others are both at fault.....who knows how the Court will decide. Be positive and you'll win!

[sigma]

It seems strange that the person who caused the accident came back to give details to the other driver. Also, whiplash injury is caused by the sudden backward movement of the head, this would have been sustained by you not the person who hit you.

[Hammer]

I agree with the others. You may have been in the wrong lane and could possibly have been at fault if you hit the car who cut you up. But you didn't. You reacted quickly to avoid an accident and the car behind you should have done the same. 100% their fault. Let your insurance company worry about it, that's why you pay them.

[magicmerlin]

Due to the volume of traffic you would not have been travelling very fast anyway. I think the claim for whiplash could be a 'let's see what we can get out of this' scenario. The driver who hit you was 100% in the wrong, he must have seen the other driver cut across the front of you. How can the driver that 'cut you up' in the first place be a witness to what happened behing you and why did he return?

[Electrochem]

I would be very suspicious of this scenario.

To me the driver of the car that "cut you up" need not have returned. You may have been the victim of an accident that was set up. Let your insurers sort it out, that's what they are there for.

There are often accidents at roundabousts. You are best to go with the traffic flow. If you are in the wriong lane you can't expect to just indicate and pull out.

However, there is no excuse for the driver behind to go into the back of you.

[joko]

iagree, person behind should not have been so close as to be unable to stop should you do an emergency stop

i also agree that this could be a setup...2 against one etc, sounds fishy...

you were however in the wrong lane...if traffic is bad you should just wait until a gap...not just use whatver lane you please...

[suzie1]

when did this happen, i bet all she could think about was whiplash claim

[suzie1]

what car was this driver in - it could be a set up and its happened to me in the same place more or less, tell me what type of car it was and i'll confirm if it were the same one that i accidently hit, but i shouldnt have hit her as she was in the wrong and i dont know how i managed to hit her

[Androcles]

When did this happen? Difd you report it to the police? If you think it is a set up give them the details - they may well already have details of this happening with these drivers before if it is. Is there any CCTV on the roundabout - you could aks for them to check for an accident.

[loulou2626]

I have now been served with court papers, Happy new year!. The claim is £25 damage to the car (they drove into me) and a week of work. I have just googled the law firm and they are personnel injurys experts!!!! (how do these people sleep at night?)

The damage to the rear of my car is £2500