Are There Any Restrictions On...
ChatterBank0 min ago
No best answer has yet been selected by jamwan55. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.I would say it was the other drivers fault for not indicating but you were illegaly in the wrong because you have to give way to the right on all roundabouts and you would be blamed for his bad driving!
I have long ago stopped counting the number of useless drivers who don't indicate at all.
I feel sorry for you.
I did read somewhere, maybe in the highway code, that failing to indicate (under any circumstances) is an offence (or indicating incorrectly, i.e. indicating to turn into a junction and causing vehicles to pull out). I think you could have a case if you had enough witnesses and as long as you entered the round-a-bout before the vehicle started turning (so that both vehicles were both on the roundabout at the same time)
Sadly, very few people indicate at roundabouts and about 80% of those who do indicate incorrectly. I have lost count of the number of times I have waited to go on to a roundabout because someone is indicating right and then turns left.
Sadly, I think you are liable in this case
I always wait to see what the other car is doing before I assume everything. I drive on the M6 everyday to get to work and back. The number of drivers who swap lanes without indicating is unbelievable. They rarely use their mirrors properly and just pull straight out in front of you. I had one idiot behind me who decided to go from the middle lane into the outside lane just when I had indicated my intention to the same having checked my mirrors and glanced over my shoulder. He proceeded to go ballistic, flashing his lights, sounding his horn and driving very close to my car. It made my day when an unmarked Police Car pulled him over.
People become detached from reality when they drive their cars. It is the same with those morons who use hand held mobile 'phones whilst driving. I think the fine should be a minimum of �250 plus 3 points.
As far as I know legally you cannot rely on the fact that someone indicated wrongly, it is up to you to be sure that whatever they are indicating that you make allowances for the fact that they might have made a mistake ... I know we all rely on the fact that people are indicating correctly otherwise traffic would come to a standstill, however legally I am afraid you are to blame as it is up to you to make sure that he was not coming round.
As said above, I agree that, unfortunately, you would be considered at fault.
Yes he should have indicated but the Highway Code says you should be sure you know what another driver is doing (ie wait until they turn off) before moving yourself.
You have just been very unlucky and the only consolation is that he has damaged his car too from his laziness/ignorance/arrogance/uselessness!
I would try and push for 50/50 with your insurance though, I think this is the best you could get.
Sorry, jamwan55, but there is no doubt that you are to blame. Along with other correspondents I have certain sympathy with you. Nonetheless, para 161 of the Highway Code provides the answer:
�When reaching the roundabout you should�.watch out for vehicles already on the roundabout; be aware that they may not be signalling correctly, or at all.�
It is clear from your description of events that you were perfectly aware of the other car's presence but chose to assume, wrongly as it turned out, that your paths would not cross.
rachela500�s idea that you �should push for 50/50 with your insurers� is not much use to you. The only way this will happen is if the two insurance companies concerned have a �knock-for-knock� agreement between them. If they have they will each pay for the damage to their own customer�s vehicle (provided they both have comprehensive insurance). The agreements are in place to prevent lengthy disputes regarding the liability for accidents. The companies long ago realised that in the long run these matters will balance out and they can save themselves considerable time and money arguing each case. It is not for you to encourage them or otherwise to use the agreement � it is a matter for them. Even if they do use it you will still lose your No-Claims discount.