Accident - roundabout/no cars/suddenly car as if dropped from sky. Help!!

[NerakCAG]

Hi

 

Newbie but advice urgent. Will do this in stages as complicated.

 

Firstly earlier in year we (partner, me and kid) were in accident.

 

Partner driving and heading to roundabout. Checks clear to right and enters. Soon after we notice car approaching which none of us 'back seat drivers' saw either.

 

Partner stopped car as would have been hit if tried to carry on.

 

Car drove into side of us anyway.

 

His facial expressions were that of normal driving not panic, and dull day grey car yet no dipped headlights.

 

We think he should have been able to miss us but did simply not see/react to us.

 

Appreciate HC states give way to right but as there was no car on entry we are bemused as to how we can be to blame. Something is fishy.

 

He said he was going about 30.

 

We not 100% convinced marks on us match their damage either (we darksilver/grey yet black on their bumper), also front of their car totally clean in pics at scene yet all side/rear panels bar the front wing involved were really dirty with muck. Also their fog spanking new on corner hit when the other side is worn & water damaged. Cover up to fix previous damage? I think prev accident, repaired lights to be road worthy and picking gullible to fix other damage. Bear in mind we really did not see the other vehicle - all 3 of us including a paranoid kid who watches everything at a junction!

 

I have a few theories on what would be the outcome in court.

 

I will post the bit about the insurers in a bit but advice as to who is at fault please!

 

Thanx.

[MrShed]

As per a lot of my posts here, I am way out of my comfort zone. But, the issue of blame seems absolutely cut and dried to me? The questions around possible fraudulent claims is quite different of course, but in relation to the accident itself the blame would seem to lie very firmly at your partner's door. how far away was the other vehicle when your vehicle stopped?

[raydetinu]

just let insurance company handle it, thats what you pay them for.

[T.C.]

As already mentioned, your partner would have to accept liability in respect of causation as she failed to accord presedence to traffic on the major carriageway.

 

In respect of your suspicions, it sounds very much like a staged accident, and so ensure you report your suspicions to the insurance company and ask them to flag it and then wait to see how many phantom injured passengers are claimed for.

[crem]

Whether you saw the car approaching from the right or not, the fact remains, he was there, therefore he had prioity over you.

 

If it is possible this was a "staged" accident, other than "suggesting" to your insurance company that there may be some element of fraud taking place, I don't see any chance of you claiming "non fault" on this one.

[Organboy]

I think HC says you give way to traffic already on the roundabout which is not quite the same as giving way to the right. There are few roundabouts with Give Way markings on them. It may be, therefore, that he should have given way to you if you were already on the roundabout and he was driving to fast.

[raydetinu]

The car actually going around the roundabout has right way and anybody entering must give way.

different problem on mini roundabouts, some people treat as a give way to traffic from right even though they are not even at the roundabout yet.

they see you on the left slowing down for rnbt and because they are traveliing too fast think you are going to give way to them; when in fact they should slow down !

mini rndbts should be treated in exactly the same way big ones when you are actually on the roundabout and if a driver from the left actually gets on it first then thats how it should work, All drivers should slow down on approaching them.

rant over!!

[crem]

mini rndbts should be treated in exactly the same way big ones when you are actually on the roundabout and if a driver from the left actually gets on it first then thats how it should work, All drivers should slow down on approaching them.

rant over!!

 

How you aren't involved in multiple accidents at mini roundabouts if that is the logic you apply raydetinu astounds me!

[raydetinu]

not really as I always slow down approaching minis, and stop if I have too. especially for cars coming from the right with no intention of slowing down, but still a bit from the junction.

I witnessed one of these not so long ago, when he saw me stop, and he was about 100m away, not slowing at all, but when he got to the rndabt someone came across from his right onto the roundabout and of course he could not stop and went straight into the side of them.

thats mainly what my rant is about, drivers not slowing down for a mini at all, just because they are on a straight road and assume a secondary feed or feeds at nini rndbt junction will give way to them.

Anyway I am sure it says( not checked recently )in the HC that mini roundabouts should be treated in the same way as large multi-lane ones.

i.e. slow down and give way to traffic from the right that are actually on the roundabout, (not 50m from from entering it.)

If it was to be give way to traffic from the right on the approach road it would have give way markings ( double broken lines and a give way sign! ) and I have seen these on some.

Edited July 31, 2011 by raydetinu

[Gick]

OP, I read your post as that your partner started to pull forward as no vehicle was in sight and then stopped when the vehicle appeared, but that the other vehicle did not attempt to pass you or brake, but headed directly into your side. Presumeably the central island has foliage etc., restricting visibility somewhat. Whilst crem is correct in post #5, there is still a need for the other person to avoid a collision if possible, even if 'in the right', so I can understand your disquiet. Unfortunately a 'dull gray day' is not sufficient to insist on dipped headlights, although the absence of them if every other vehicle had them displayed would certainly mitigate in your partner's favour.

 

Make firm representation to your insurance company or broker as to your suspicions that this was a 'staged' accident, so that if mysterious passengers claim injury the insurance company can repudiate their claimas in posts #4 and 5. If that happened your partner would keep their NCB if no claim has been made for your vehicle .

 

You mention that you have some theories concerning the likely outcome in court; are you talking about Magistrates Court, or County Court? No mention of police involvement, so the former is unlikely. If the latter, your insurance company would be the ones to defend an action for damages against your partner. That is what we pay our premiums for.

 

 

 

raydetinu,

whilst not wishing to hijack the OP's thread, I must agree with you that many do not use mini-roundabouts correctly. This seems to be because some drivers are unable to judge speed and distance correctly, or are unwilling to press the accelerator pedal sufficiently to move away quickly, a feature noticeable also from normal junctions and traffic lights. Perhaps they are more concerned with their carbon footprint than safety? Before I am taken to task on this point, I am not referring to Formula 1 type starts! Neither would I be sexist, ageist or racist by identifying specific groups who may be more prone to this!

 

The main point is that you should be able to clear the junction before the vehicle approaching from the right has entered the mini-roundabout. In my particular area the majority of these are on raised junctions, so that if you have gained the 'give way' white line before the other vehicle has mounted the ramp, it is safe to proceed as they are forced to reduce speed.

Edited August 1, 2011 by Gick
puntuation

[crem]

The main point is that you should be able to clear the junction before the vehicle approaching from the right has entered the mini-roundabout. In my particular area the majority of these are on raised junctions, so that if you have gained the 'give way' white line before the other vehicle has mounted the ramp, it is safe to proceed as they are forced to reduce speed.

 

That, I think, is a better way of describing it Gick. i.e. it is nothing to do with "who got there first", but if you can't enter and clear the roundabout before the arrival of the car from your right, then you should give way to that approaching vehicle, irrespective of his distance from the roundabout when you first saw him.