Just had a bump! My Fault or ?

[L80EWY]

Driving up to a round about and goes into two lanes..a young lass in a micra is in the right hand lane and im in left shes just infront of me so im in her blind spot. I turn right and she cuts the round about an hits my wing on the back side of her back bumper an wing.

Im the blue line...
Am i right in saying i should definetly not be at fault here? shes saying shes definetly not at fault...

The damage

 

[Joe90k]

Unlucky mate, depends on witnesses I would have thought, if you took the route you have drawn you are way outside your lane, LEARN SOME LANE DISCIPLINE! lol I joke.

I would have thought it will be 50/50, unless someone knows otherwise.

Joe

 

[Joe90k]

Wait just realised your the blue line, it's her lack of lane discipline, depends on witnesses as I said before.

Joe

 

[Broken Byzan]

Common place now a days, you need to be more aware and blow your horn to stake your place on the road.( not a dig at you)

You are in the right assuming she clipped you by crossing into your lane, it will however probably go 50/50 with the insurance without witnesses, easy for them to just settle than fight it

 

[L80EWY]

I did beep! very loud! b@st@rd i cant be dealing with this

 

[Watty]

Every time I approach a roundabout like this, I always hang back 'cos 9 times out of 10 this happens. This gives me the chance to 'honk' 'honk' on my horn, full on so they go whohoo...., what's that...

Her fault due to lack of awareness using a roundabout.....it's not a straightoverabout ***...is it now!

 

[L80EWY]

Shall i ring my insurance or a claims company...any ideas i havent really had any bother like this before?

 

[Khufu]

I'd try to fight the 50/50, tell them you wont accept that LOL. End of the day, she drove into you. I'd try to get supporting evidence like your above picture/diagram. BTW, you discription was confusing as according to the drawing I'd have said you were in the right (outside) lane and she was in the left?

 

[Ash187]

if your sure you are 100% not at fault then you might be able to get away with going through a claims company who will not charge you an excess fee. but if you are not sure then go to your insurance as claims companies generally take on claims they know they can win and win quick. I just had my golf written off 2 months ago and the claims company dropped the claim as there was problems with the other guys insurance (hire car or something) even though he admitted all faults, so the claim company thought it would take too long and couldnt justify leaving me in their hire car.
Also as its just a dent on your car your insurance will fix the car first and then go on with claiming off her insurance for the cost of repairs so your not put out.

 

[L80EWY]

I'd try to fight the 50/50, tell them you wont accept that LOL. End of the day, she drove into you. I'd try to get supporting evidence like your above picture/diagram. BTW, you discription was confusing as according to the drawing I'd have said you were in the right (outside) lane and she was in the left?

Oops, i meant she was in the left hand lane (red) sorry about that

 

[s3mike]

Looks like it was definately her fault, although you may have difficulty proving it!

That kind of thing happens to me so often I just expect it now, half of drivers seem to have no lane discipline and when going straight generally take the racing line and use all the lanes regardless of what other cars are around.

Last time it happened I sat on the horn for about 30 seconds after braking to avoid the idiot then got abuse hurled at me!

 

[Watty]

The one thing that will help you, as it did with me a few years back, is a diagram showing her changing lanes into your lane and hitting you.

Get it all down on paper and tell your insurance co. just that.

 

[L80EWY]

Right thanks people, il do that tommorow. Another thing i rang her to talk about it and she put her dad on who was telling me he was going to do the works and claim whiplash etc if i didnt just accept responsibility which makes me think she knows she was in the wrong just trying to get away with it though.

 

[waqi]

I think people are getting confused from your picture, do you mean you're in the left lane on the diagram or in real life, because the blue line is in the right hand side lane?

Hard to tell from the picture but does the roundabout have lane markings painted on the floor? If not, then I think you ought to look into the law of it first. If yes then its just like a standard road and she drove into you..

Now the fact that the dad is saying hes gonna make her claim whiplash just makes it obvious she hasn't suffered it and looking at the type of accident she most likely hasn't, but it defo does sound like hes trynna **** you up..

From past experience, I HATE dealing with my insurance company, the indian call centre workers simply won't understand my explanations, so ask around and find out how your insurance co deals with claims (Aviva is the ****) and I personally would look at a claims company, like they say "no win no fee" haha

good luck :icon_thumright:

 

[waqi]

oh and hope you're ok and not suffering any whiplash either

 

[mdre83]

The inside lane where the white van is, then the outside lane where the white car is appears to be well marked out on the approach.

IMO looking at the diagram, she has blatantly cut you up crossing into your lane... putting the blame on her ***... hopefully you have some witnesses to back your claim...


Good luck :icon_thumright:

 

[tdi-man]

her fault i'd say....

could do with a m8 as a witness that just happened to be at the roundabout to help ypu along

 

[Ash187]

Another thing i rang her to talk about it and she put her dad on

I wouldn't call them, leave that to the insurance... I have always been told never to call the other party as that stuff can go against you!

who was telling me he was going to do the works and claim whiplash etc if i didnt just accept responsibility which makes me think she knows she was in the wrong just trying to get away with it though.

let them claim whiplash. as long as its not your fault it won't affect your insurance. in the end it looks like she is at fault so in the end you shouldn't worry too much about it. your first priority it to make sure you are in good health, then get your car fixed and looking beautiful again. after that leave it to the insurance company to deal with it.

I'm speaking from experiance where i have had 2 cars written off... first in Feb 2009 and lately in Jan 2010. Both NOT my fault and both worked themselves out, i have been paid out and in the end it doesnt affect my no claims

 

[percymon]

Anything within the proximity of a roundabout is classed 50/50 by insurance company these days - even if someone runs into the back of you as you wait to enter the roundabout.

One of life's little mishaps, but looking at the aerial shot i wouldn't have contemplated 2 vehicles proceeding anything like side by side given the space available.

You could try to swing the decision your way, but the other party could well claim you were racing up the outside lane into the roundabout (probably not the case but without a witness this could hold as much credit as your story).

 

[alistairm1]

I would pass this straight to your insurance company. My wife had a similar incident three years ago where she was driven into by someone recklessly overtaking (outside a school at 08:20 and with 2 children in their car). Blamed my wife for accelerating while they were overtaking, so when they pulled in (without looking properly) my wife's car was where they thought there should be space. It took nearly two years for this to be settled, and in the end our insurance company took the other driver to court as they were adamant that they were in the right. Needless to say, the driver lost and had to refund our policy excess (and the insurance companies legal costs). The insurance company also reinstated our NCD.
Do not entertain any claims for consequential physical injury as the speed and angle of impact would be unlikely to cause any physical trauma (Lots of mental trauma when your pride and joy is damaged by someone else's ineptitude).
I would also not have any further contact with the other driver except through your insurers.
Good diagrams, details of the road and weather conditions, estimated speeds at the time of impact, photos of the damage will all go to help your case.
This is what we pay our premiums for and it is what the insurance companies do for a living (albeit reluctantly, as any claim is a loss in their eyes).

Hope this helps. And I hope it all gets settled quickly.

 

[jars]

i would echo most what has been said.

you defo need to "find" a witness as the damage isn't conclusive, or check for cctv footage

i have spoken to many customers who have used accident management companies who have paid for repairs and hire, the claim has gone a 50/50 and they have had to foot the difference as that is the agreement you have entered in to, and your insurance company will not cover this as it was your choice to use them.

the circs are not clear, and can be looked at either way, so cctv or witness evidence is a must as she is blaming you and you are blaming her. there's a difference between knowing what happened and proving it unfortunately.

i would register the claim with your insurance company, you don't have to get any repairs until liability has been settled in your favour,as previously said, that is what you pay them to do, and at this point your excess will be waived anyway, and if the worst happen, a 50/50 split you can decide if yyou wanna pay your excess and get the car fixed or sort it yourself. the total cost of the claim, including any whiplash, has no bearing on the rise in your insurance, it will go up the same if the end result is a total payout of £50 or £50000 if it's either a full fault claim or 50/50 split

who are you insured with??

 

[L80EWY]

thanks for the help people, rang my insurance today (Admiral) told them all this info and they have got Bristol Street motors to ring me about a repair but i would have to pay my £850 excess to get it fixed. So im just waiting on seeing what happens

 

[Ash187]

thanks for the help people, rang my insurance today (Admiral) told them all this info and they have got Bristol Street motors to ring me about a repair but i would have to pay my £850 excess to get it fixed. So im just waiting on seeing what happens

WOW £850 EXCESS!!! how old are you? and how much do you pay on your insurance?

 

[L80EWY]

WOW £850 EXCESS!!! how old are you? and how much do you pay on your insurance?

Been driving 3 years nearly but ive only got 1 yr ncb as i crashed in my first year. Was £1350 on a 2.0tdi and i was 19 when i got it

 

[mdre83]

Clearer picture of the roundabout from google earth street view... she is deffo in the wrong....

 

[Ash187]

If i were you i would print off this picture and send it in with all your other documentations to your insurance company, make sure you give a detailed description and good diagram of how the accident happened.

 

[jojo]

i would echo most what has been said.

you defo need to "find" a witness as the damage isn't conclusive, or check for cctv footage

i have spoken to many customers who have used accident management companies who have paid for repairs and hire, the claim has gone a 50/50 and they have had to foot the difference as that is the agreement you have entered in to, and your insurance company will not cover this as it was your choice to use them.

the circs are not clear, and can be looked at either way, so cctv or witness evidence is a must as she is blaming you and you are blaming her. there's a difference between knowing what happened and proving it unfortunately.

i would register the claim with your insurance company, you don't have to get any repairs until liability has been settled in your favour,as previously said, that is what you pay them to do, and at this point your excess will be waived anyway, and if the worst happen, a 50/50 split you can decide if yyou wanna pay your excess and get the car fixed or sort it yourself. the total cost of the claim, including any whiplash, has no bearing on the rise in your insurance, it will go up the same if the end result is a total payout of £50 or £50000 if it's either a full fault claim or 50/50 split

who are you insured with??

I would go with the above mate, and cut off comms with the other party, leave it with the insurance people. I've had so much headache from claiming against someone who clearly hit my missus car but wouldn't admit liability, so took 12 months to get the claim through, but it all worked out in the end. I'm also currently in the middle of a £70k claim against me regarding a tree round the back of my workplace knocking down the neighbours wall, and it's quite stressful having the other party's insurance and their representatives calling me at work and all sorts, despite me telling them to talk to my insurance providers. as I'm covered and don't want the stress....

 

[Good 2 B A Gooner]

Wow Lewy - Get some balls mate, she' fcuked up - not you. Don't give in to 50/50 bullsh*t - that's madness, her fault she pays - end of.

Support your claim with the photo of the road layout and don't take no for an answer - If they think they can mug you off they're going to.
Be headstrong - but not rude - and if needs be i'd go through the small claims court. It's only £80ish and that may make her insurance pay out.

Good luck mate :icon_thumright:

 

[Sarah's A3]

By looking at the last pic, there are clear approach lanes to the r'bout, even though there are no marking actually on it, still means each driver has to go 'around' the r'bout and not over it. Alot of these have some form of CCTV, try your local council who may be able to help you with that info.

She is obviously a lazy female driver who only thinks mirrors are for checking lippy in!

Just one thing I dont understand is that the lanes are staggared at approach so she would have been infront of you when stationary or did neither stop at approach?? As she crossed lanes she is at fault and i'm sure Mr/Mrs x can be found as a witness!!!!

Dont have anymore contact with her, as the guys have said, leave it all to the Ins. companies but give them FULL details, read and re-read to make sure its clear what you are saying, get your lane descriptions right, dont leave yourself open for picking at, then fight it! With an excess like yours, you have to!!!

Out of interest was it day or night?? Also were there any other vehicles on the r'bout at the same time, ie slightly infront of her or by her?? Just wondering if she had to move over (not saying shes right!), just curious.

Looking at that top pic again with road alignment, she must have started to cut across before getting on the r'bout, kind of how your lines show, anyway, good luck!

Hope you get sorted, good luck with it, but take no sh*t

 

[L80EWY]

By looking at the last pic, there are clear approach lanes to the r'bout, even though there are no marking actually on it, still means each driver has to go 'around' the r'bout and not over it. Alot of these have some form of CCTV, try your local council who may be able to help you with that info.

She is obviously a lazy female driver who only thinks mirrors are for checking lippy in!

Just one thing I dont understand is that the lanes are staggared at approach so she would have been infront of you when stationary or did neither stop at approach?? As she crossed lanes she is at fault and i'm sure Mr/Mrs x can be found as a witness!!!!

Dont have anymore contact with her, as the guys have said, leave it all to the Ins. companies but give them FULL details, read and re-read to make sure its clear what you are saying, get your lane descriptions right, dont leave yourself open for picking at, then fight it! With an excess like yours, you have to!!!

Out of interest was it day or night?? Also were there any other vehicles on the r'bout at the same time, ie slightly infront of her or by her?? Just wondering if she had to move over (not saying shes right!), just curious.

Looking at that top pic again with road alignment, she must have started to cut across before getting on the r'bout, kind of how your lines show, anyway, good luck!

Hope you get sorted, good luck with it, but take no sh*t

It was about 9pm last night, i was like inline with her back wheel to my front wheel and we were both moving not stopped at the junction an shes just cut over instead of following the lines. But she was going off it saying she was in the correct lane as if i was somewhere wrong

 

[Sarah's A3]

It was about 9pm last night, i was like inline with her back wheel to my front wheel and we were both moving not stopped at the junction an shes just cut over instead of following the lines. But she was going off it saying she was in the correct lane as if i was somewhere wrong

So she didnt go 'around' the roundabout then, just in a straight line! She needs to look at the lanes approaching the r'bout, they are the ones which show which are the correct lanes lol, hers are clearly marked straight on (although it seems she took it literally). She gave no room for the right turn lane....she ignored the fact there is a right turn lane....point that out...her fault, end of!

When doing your details, make sure you can say if the street lights etc were lit and if visibility was clear and good. All helps. Good luck, she will fight it, most do, but should work out for you.

 

[Oranoco]

She's a woman so of course it's her fault. (runs for cover)

Seriously though, definately her fault, soppy bint should learn some lane discipline. Had so many near misses because of people cutting the lane on roundabouts.

 

[Sarah's A3]

She's a woman so of course it's her fault. (runs for cover)

Seriously though, definately her fault, soppy bint should learn some lane discipline. Had so many near misses because of people cutting the lane on roundabouts.

lol, sadly you are spot on. Bugs me big time when you approach either a junction or r'bout and they either STOP, cos they cant look in advance OR take a lucky dip on lanes. Coming home earlier, woman in nearside lane approaching a r'bout and goes all the way round to turn right! ***! cut me up and 2 others too! She should have turned left!!! sorry rant over!

 

[Oranoco]

It's one of my all time pet hates. I actually like my cars to stay intact though so will yield rather than push on and wait for the clump. You look at some people through their window and just know they're going to do it.

 

[Sarah's A3]

You look at some people through their window and just know they're going to do it.

lol, especially when they are gassing and not really looking forwards, let alone noticed anyone else on the road! Good job not all women are the same, thats all I can say! But some are happy in their bubbles whilst leaving devastation and carnage behind them lol (not really!)

 

[Oranoco]

It's when you beep and they jump with that "There's another car on the road" shocked expression. lol

To be fair it' isn't just women, there are plenty of dippy blokes about that I've seen do it as well. My ex was a ****** for not paying attention, in one morning she managed to reverse my car into the hedge scratching the boot and bumper and then 20 minutes later kerb one of my 18" RS6 rims. And the bit I found funny was she looked really shocked when I had the hump about it. Ahh well, lesson learned, from now on I'm the only person driving my cars

 

[Sarah's A3]

It's when you beep and they jump with that "There's another car on the road" shocked expression. lol

To be fair it' isn't just women, there are plenty of dippy blokes about that I've seen do it as well. My ex was a ****** for not paying attention, in one morning she managed to reverse my car into the hedge scratching the boot and bumper and then 20 minutes later kerb one of my 18" RS6 rims. And the bit I found funny was she looked really shocked when I had the hump about it. Ahh well, lesson learned, from now on I'm the only person driving my cars

Sorry but that did make me laugh! I agree it isnt just women, its sunday drivers wearing hats too! lol

I must admit im fussy who drives my cars! But its not just the driving. Was polishing my rear end on sunday (after doing it the week before!) and noticed someones hit the back bumper causing it to crease on the support beam! I'v only parked at home or work that week and only in 1 parking space. I know who may have done it, she always goes over the lines!!! Was p*ssed but to be honest its being changed soon, so now I'm soo sad trying to find the best space in the car park lol. god I sound like a guy!

anyway, happy thoughts now! and back to the thread. Hope he gets sorted!

 

[Oranoco]

Don't start me on car parks or this really will go off topic. lol