Update:Crash on roundabout - not my fault

  • Pyroliske's Avatar
    Hi just wanted to update everyone on my case, and to say thanks to those who gave advice.

    My claim was finally settled after she admitted full liability and I got a cheque for my old car which the insurance company wrote off.

    I am now driving around in my new car, albeit a bit nervous as I was without wheels for 6 weeks and things coming from my left seem to have a problem stopping at junctions. :D

    Anyway thanks for all of your advice.

    I wonder if anyone could give me their opinion on my crash which happened on Monday 7th Jan?

    I was coming out of a supermarket onto a roundabout which is classed as a mini roundabout - but not the slight bump in road type - it is a proper built up roundabout. There are four junctions on this roundabout and they are at 6, 9, 12 and 3 on a clock face.

    I stopped at my junction because there was a vehicle approaching from the right. I indicated my intention to turn right (3 o'clock from my position) and pulled off when it was clear to do so. I passed the junction which was 9 o clock from my original position and began to round the bend crossing what was 12 o clock. A car was approaching the junction at 12 o clock and I noted that it was not stopping, and it overshot the junction line, it still did not stop even though I was right in front of the vehicle and it hit my passenger side, shunting me.

    I pulled in at a bus stop a few yards away from the roundabout and looked in my rear view to see the other vehicle pulling in behind me. A woman got out and I got out of my vehicle. I said "didn't you see me?" she said "no" and asked me if I was alright. She said that she had glanced right (but I was in front of her!!). Nothing more was really said, except to exchange details. Then we both drove off.

    I called my insurance and they have passed me from one claims dept to another and they haven't even managed to get hold of her insurance yet. They say they are holding her liable until they can get her version of events, but they keep going on about "worst case scenario 50/50" which I am not happy about.

    I feel like they are saying that there is something that I could have done to avoid this crash and because no witnesses came forward it is my word against hers. The damage to my car clearly shows I was in front of her. I have a 2-door Corsa and the back end of the passenger door is all crunched in and a small portion of the back panel. I can't even unlock my passenger door never mind open it.

    I'm fearing the worst because I had a crash many years ago where it was not my fault and I lost that case because my insurance and solicitors were terrible and the other party lied about what happened.

    Am I in the right here? There is no way I could have caused this crash is there?
  • 1 Reply

  • Snowball's Avatar
    You are absolutely correct. The other driver has no excuse if the version of events is as you describe.
    Her claim that she did not see you in front of her because she was looking to her right indicates to me a state of complete unawareness.
    ALL rounabouts carry the rule of giving wat to vehicles approaching from your right (subject to signage not indicating otherwise), and this applies to raised and painted roundabouits.
    The fact that she hit your passenger side removes any doubt as to where she came from, and your insurers are not doing their duty to you (their client) if they do not challenge any excuses she may offer, and they should certainly NOT be talking 50/50.