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Incident on a roundabout

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Hello

On 14.04.2010 I was involved in an incident on a roundabout right outside my place of work. Where a car in the outside lane was attempting to go all the way round the roundabout, but in the outside lane, whereas i was in the second lane heading off onto a dual carrage way. the car attempting to go around the outside of the roundabout went into the side of my car (kinda scrapped down the side, so not directly into).

The roundabout had the inside lane of 3 closed for 'work'.

I have alot of proof and evidence that shows I was in the right and they were in the wrong.

after the incident we stopped off the roundabout on the road i was exiting on.

Now my issue is, A workman came running over from the far side of the roundabout to say i was at fault and i was not indicating. 2 points, 1, He could no way of seen from where he ran from what happened, 2, even if he could (which he couldn't) see my car the indication was left to come off the roundabout, so therefore would not have seen!

I had to pay out my full excess (£500) while it's being investigated, however they have advised already that there's like to be a 50/50 decision as it was on a roundabout...

 

Q: Is this correct?

Q: How can I complain/dispute this more fiercely, as they have the word of an independent witness against me, which can no way be truthful.

 

Any help would be welcome as I can really not afford to have £500 gone for good.

 

Thanks

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Hello

On 14.04.2010 I was involved in an incident on a roundabout right outside my place of work. Where a car in the outside lane was attempting to go all the way round the roundabout, but in the outside lane, whereas i was in the second lane heading off onto a dual carrage way. the car attempting to go around the outside of the roundabout went into the side of my car (kinda scrapped down the side, so not directly into).

The roundabout had the inside lane of 3 closed for 'work'.

I have alot of proof and evidence that shows I was in the right and they were in the wrong.

after the incident we stopped off the roundabout on the road i was exiting on.

Now my issue is, A workman came running over from the far side of the roundabout to say i was at fault and i was not indicating. 2 points, 1, He could no way of seen from where he ran from what happened, 2, even if he could (which he couldn't) see my car the indication was left to come off the roundabout, so therefore would not have seen!

I had to pay out my full excess (£500) while it's being investigated, however they have advised already that there's like to be a 50/50 decision as it was on a roundabout...

 

Q: Is this correct?

Q: How can I complain/dispute this more fiercely, as they have the word of an independent witness against me, which can no way be truthful.

 

Any help would be welcome as I can really not afford to have £500 gone for good.

 

Thanks

 

What proof/evidence do you have?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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I had a similar incident a few years ago on a roundabout and, despite my protestations, my insurance company agreed a 50/50 on the crash. They claimed they had taken similar cases to court before to defend their client and the judge invariably went 50/50 on a roundabout crash.

 

 

My claim that I was carrying out a perfectly legal manuourve, with indicators, as shown in the highway code was no defence against the counter-claim that I had not ensured the outer lane was clear to cross safely to get to my exit!

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Hi Crem, What was the outcome of your case? was 50/50 the best they could do?

 

Sailor Sam, I have google maps, showing the routes of both my car and his, the exit routes, the lights position, and showing that in no way could he have hit me whilst being in the right.

 

I called the police to the scene and they confirmed my route was correct as every other car did exactly as i did.

 

I have been through the route etc etc with my insurance co, and even though they fully agree still say they can only get a 50/50 outcome!

 

How can they say this when there is no room for any doubt?

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Hi Crem, What was the outcome of your case? was 50/50 the best they could do?

 

Sailor Sam, I have google maps, showing the routes of both my car and his, the exit routes, the lights position, and showing that in no way could he have hit me whilst being in the right.

 

I called the police to the scene and they confirmed my route was correct as every other car did exactly as i did.

 

I have been through the route etc etc with my insurance co, and even though they fully agree still say they can only get a 50/50 outcome!

 

How can they say this when there is no room for any doubt?

 

Did you ask to press charges against the TP?

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice useful.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Hi

 

No i didnt think of it at the time, i've been fortunate this is my first accident, and called them more to close the road off as it was rush hour

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Hi Crem, What was the outcome of your case? was 50/50 the best they could do?

 

 

Yep, 50/50 was the only route the insurance companies would go. That was back in about 2003 and it still frustrates me to this day more than any other crash I have been involved in. Not least because it is the only crash I have ever had that wasn't resolved as a "no fault" on my part.

 

I now teach driving and of course, still demonstrate that "right lane on, right lane through, right lane off" is a perfectly ligitamate manouvre in certain circumstances. not forgetting to check the left mirror for the idiot trying to turn right from the wrong lane! :D

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It is not within the gift of the aggrieved driver to get the police to 'press charges' - they'll do it themselves if they feel there is a case. As a biker as well as a motorist, I'm very aware of the potential of conflict at roundabouts, and have always used in-vehicle CCTV that records a loop of the last hour of drivin for the last 4 years. I've used it 2 to prove my innocence, and at least 8 other times where it witnessed other accidents and the file became useful to the other drivers.

 

Of my own incidents, ALL insurers wanted 50/50 until they got the video, After that they pursued in full and got full settlements. Without corroboration, the go for the best 'deal' they can, bearing in mind 50/50 also removed any risk of them being hit with a claim themselves from the other driver.

 

At £35 a pop, these SD card recorders are worth their weight in gold....

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It is not within the gift of the aggrieved driver to get the police to 'press charges' - they'll do it themselves if they feel there is a case. As a biker as well as a motorist, I'm very aware of the potential of conflict at roundabouts, and have always used in-vehicle CCTV that records a loop of the last hour of drivin for the last 4 years. I've used it 2 to prove my innocence, and at least 8 other times where it witnessed other accidents and the file became useful to the other drivers.

 

Of my own incidents, ALL insurers wanted 50/50 until they got the video, After that they pursued in full and got full settlements. Without corroboration, the go for the best 'deal' they can, bearing in mind 50/50 also removed any risk of them being hit with a claim themselves from the other driver.

 

At £35 a pop, these SD card recorders are worth their weight in gold....

 

If a driver wishes to make a complaint/press charges to the police about an aledged offence, the police are obliged to investigate.

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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Anyone can make a complaint. The point being mass is the complainant cannot 'press charges' and is is not within their gift to do so. As for an obligation on the police, this is no different to any complaint brought to their attention. If the won't take it further, that's an end to it.

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At £35 a pop, these SD card recorders are worth their weight in gold....

 

Where can you get these from?


Warning: Freemen of the Land Operate here. Think twice before accepting 'legal advice'.

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There's a good range available now - some even replace your Rear View Mirror with a forward AND rearward facing camera. I got mine from Maplins, and it was selling there in May for £19.99.

 

Also check on eBay for "Car DVR".

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