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PostPosted: Fri Jan 05, 2007 14:27 
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Quote:
To answer your two questions:
My front nearside hit her in the side.
Her car slid off course mine stayed stationary.


... then EITHER you had turned in excess of 90 degrees OR your adversary had made valiant attempts to give you space when he saw he was en pris by nudgeing left to give you more room to stop.


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PostPosted: Fri Jan 05, 2007 16:23 
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Strangely I was in the situation today where I was turning right at a mini roundabout and the person coming the other way didn't give way!
Not quite sure why.
I seem to remember in the past that I have had issues remembering which way to give way to at mini roundabouts. It could be a left vs right thing?

There was also a car C who gave way because they saw car B coming along, maybe car B saw this and thought "well I have right of way then"?

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PostPosted: Fri Jan 05, 2007 16:48 
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Roger wrote:
Quote:
To answer your two questions:
My front nearside hit her in the side.
Her car slid off course mine stayed stationary.


... then EITHER you had turned in excess of 90 degrees OR your adversary had made valiant attempts to give you space when he saw he was en pris by nudgeing left to give you more room to stop.


Maybe I meant front offside then? It was the front on the drivers side, thought that was near side! I hadn't turned in excess of 90 degrees.


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PostPosted: Fri Jan 05, 2007 16:52 
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Roger wrote:
your adversary had made valiant attempts to give you space when he saw he was en pris by nudgeing left to give you more room to stop.


P.s. There definitly was no valiant attempt to give me space to stop!!


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PostPosted: Fri Jan 05, 2007 17:00 
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Jeremy Clarkson wrote:
Maybe I meant front offside then? It was the front on the drivers side, thought that was near side! I hadn't turned in excess of 90 degrees.


Drivers' side is offside. Nearside is 'near the kerb'.

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PostPosted: Fri Jan 05, 2007 17:22 
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Jeremy Clarkson wrote:
Roger wrote:
Quote:
To answer your two questions:
My front nearside hit her in the side.
Her car slid off course mine stayed stationary.


... then EITHER you had turned in excess of 90 degrees OR your adversary had made valiant attempts to give you space when he saw he was en pris by nudgeing left to give you more room to stop.


Maybe I meant front offside then? It was the front on the drivers side, thought that was near side! I hadn't turned in excess of 90 degrees.


Ok - so front offside - in which case a yank of left hand down either instead of or supplementary to braking (possibly missing your turn) would likely have stood a better chance of avoiding the coming together.


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PostPosted: Fri Jan 05, 2007 21:15 
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Jeremy Clarkson wrote:
Another thing that I thought of that really put a sting in the whole matter is this, because the mini roundabout was on a T junction, there is only one exit that the driver has to focus on to determine right of way. At other mini roundabouts there are two exits that you have to focus on to determine right of way. My point is, she only had to look at my exit to determine right of way, would it really have been that difficult?


I have noticed a lot of people tend to give way only to traffic approaching from their right (and ignore what is coming from straight ahead), and some seem to have problems figuring out what they are supposed to do if there is no turning to their right. There is also a certain percentage of people who believe that mini roundabouts of that type are to be treat as a normal give way, and only traffic coming out of, or turning into (as you were) need pay any attention to them.


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PostPosted: Sat Jan 06, 2007 07:33 
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Roger wrote:
Ok - so front offside - in which case a yank of left hand down either instead of or supplementary to braking (possibly missing your turn) would likely have stood a better chance of avoiding the coming together.


This wouldn't have worked as turning left to avoid the crash would have meant me crashing into a traffic island!


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PostPosted: Sat Jan 06, 2007 10:47 
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Jeremy Clarkson wrote:
Roger wrote:
Ok - so front offside - in which case a yank of left hand down either instead of or supplementary to braking (possibly missing your turn) would likely have stood a better chance of avoiding the coming together.


This wouldn't have worked as turning left to avoid the crash would have meant me crashing into a traffic island!


I meant a yank of left hand down to make the car go straight on (in the road from where your adversary had exited).


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 Post subject: Re: Who's at fault??
PostPosted: Sat Jan 20, 2007 19:31 
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Jeremy Clarkson wrote:
I need your help guys!

I was involved in an accident today and although I hit the other car, I'm pretty sure I'm not to blame! Will the insurance companies see it this way though! Here's what happened (please forgive the crude images!)

ImageImage

I'm approaching a mini roundabout (vehicle A) whilst a vehicle (C) is waiting to turn left and at roughly the same speed another vehicle (B) is approaching the roundabout from the third exit. I gauge that I will enter the roundabout at roughly the same time as vehicle B and, having indicated sufficiently in advance, assume right of way at the roundabout. I correctly judge that myself and vehicle B arrive at the roundabout at roughly the same time (if anything, I have entered the roundabout before the other vehicle), and so i start to turn right. As I turn right, vehicle B has failed to give way to me and continued straight on, even speeding up once entered the mini roundabout. As i've noticed vehicle B entering the roundabout, I sharply brake but it is too late and I collide into the side of the vehicle head on. :(



You are supposed to give way to anything already on the roundabout approaching from immediate right and in the case of "minis" be aware of right turners and U-turners. You are supposed to drive around the paint unless you have a large vehicle or trailer which makes this impossible.

You may be able to fight your case with the insurers on this basis. But do go back and take some photos as well as it does help put flesh onto your diagram.

Quote:
Noone was hurt in the accident and there seems to be very little damage to my car (majority of damage on the side and door of vehicle B). However it is an expensive car and although there doesn't seem to be too much damage, i'm sure it will be expensive to fix what damage has been inccurred. I know that my front headlights are expensive and the drivers side one will almost certainly have to be replaced!! :(

Am I right to think that I am correct here? Will the insurance company think this way too? Or because I am the one who hit the other car, am I legally at fault? Does the fact that the driver failed to give way to me mean that she has broken the law and thus they are responsible? :?

Can anybody help advise me?

Thanks.
Ads.


Depends as to whether she accepts liability. Insurance companies like to mitigate their expenses and tend to go for "knock for knock " or " 50/50" in the case of a "disputed claim"


These are always tricky .. best of luck. Let us know how you get on.
If they try this one... suggest this is ex gratia on their part if you are convinced you are in the right here .. and it sounds as if you are from this post of yours.

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 Post subject: Re: Who's at fault??
PostPosted: Sat Jan 20, 2007 20:56 
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In Gear wrote:
You are supposed to give way to anything already on the roundabout approaching from immediate right


My bold.

I was going to mention this because it is what I alwsy believed to be the case but the highway code now says "traffic approaching from the right", with no mention of traffic being on the roundabout having any significance.


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PostPosted: Sun Jan 21, 2007 00:08 
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The Highway Code isn't law.
I believe the law is as I posted above for the requirements of diagram 611.1.

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PostPosted: Sun Jan 21, 2007 01:41 
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Ziltro wrote:
The Highway Code isn't law.
I believe the law is as I posted above for the requirements of diagram 611.1.


Ah, missed that.

Quote:
(a) A vehicle entering the junction must give priority to vehicles coming from the right


Which is what the Highway Code says.

So it's not just traffic already on the roundabout but any traffic coming from the right.


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PostPosted: Sun Jan 21, 2007 01:53 
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Homer wrote:
So it's not just traffic already on the roundabout but any traffic coming from the right.

Looks like.

Thinking about it, it is only the lines & signs which you are passing that you have to pay any attention to. Yes you can see the lines to your right, but they don't mean anything to you because you are not passing them.

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PostPosted: Sun Jan 21, 2007 21:03 
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Let me just say that if I approach any roundabout .. I glance to my right und ahead to the right of the traffic to my right. They would then be on roundabout und already to my right.

Ist a case of COAST---- ing
:wink:

Insurance may split this 50/50 or knock for knock. They are sharks und more so based on my own hit und run on car park. My lovely car.. :x :x :hissyfit: Ist OK ... 8-) He ist recovering from his surgery now, I hope to collect und inspect him early this week. We have protected no claims .. but based on differential between insurance quote, dealer quote und listing of nice new car on a "been repaired" list.. und thus mega-depreciation und bothers at trade-ins.. we decide to hit the loss now as despite protected no claims.. these sharks would no doubt up the premium regardless. :banghead:



Liebster JC .. am truly sorry. I hope it resolve OK for you. :love:

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 Post subject: Update!!!
PostPosted: Sat Sep 08, 2007 22:12 
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I know it's been quite a while since I posted (and in the meantime I even bought a new car!) But I thought I'd let you guys know what's happened since!!

Well, today I received my renewal quote and was shocked to find that my no claims bonus had been reduced to 3 years when It should have been 8 years!! :o I knew that this was probably (definitely) due to the ongoing claim but I decided to have it out with my insurers (Extremely large mammal usually found in Africa!!) anyway because I felt this was pretty harsh. After speaking to my insurers they said I had to speak to the claims department about it because they couldn't do anything about it in the customer services department, so they put me through to claims.

Anyway, I spoke to the person in claims and told them how outraged I was with the bonus reduction and wanted to know what was going on with regards to the claim. So the lady looked up the details on the computer and told me that in their last update they had heard back from the witness, stating my case and being very supportive to our cause and backing up the claim of liability!! I was shocked! :o I didn't expect the witness to come through for me even though I was pretty sure I wasn't largely to blame for the collision! Anyway, they've basically written to the party's insurers with a copy of the statement and a bill for 100% of their costs, demanding that it get paid soon to avoid legal action!! :wink:

So now it's just a matter of waiting for their response! Touch wood, as long as everything goes through ok and my no claims bonus gets reinstated, then I'd have to say that my insurers have been absolutely superb on the matter!! They continually pursued the matter and didn't just settle for 50:50 straight away!! I would definitely recommend them now!! :D


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PostPosted: Sat Sep 08, 2007 22:27 
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Let's hope it works out. Thanks for letting us know.


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 Post subject: Re: Update!!!
PostPosted: Sun Sep 16, 2007 03:27 
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Jeremy Clarkson wrote:
So the lady looked up the details on the computer and told me that in their last update they had heard back from the witness, stating my case and being very supportive to our cause and backing up the claim of liability!! I was shocked! :o I didn't expect the witness to come through for me even though I was pretty sure I wasn't largely to blame for the collision! Anyway, they've basically written to the party's insurers with a copy of the statement and a bill for 100% of their costs, demanding that it get paid soon to avoid legal action!! :wink:


Been there, settled 50:50 (wife's bump, my policy)

They have a habit of telling you what they think you'd like to hear when you are on the phone in outraged mode.

In our case it was "you are definitely without a doubt 100% not to blame", 18 months later it was "we think you should settle 50:50 in order to get a quick conclusion".

Anyway, nice to hear the update. Keep us informed. :D


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PostPosted: Sun Sep 16, 2007 10:28 
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I have had a case where, IMO, it was the other driver's fault and I wrote to fully explain my position. Now, both I and the other party were insured by the same company so it was pointless them trying to recover costs. As far as I know, this ended with a 50/50 settlement as then they could charge both of us more in future instead of just one.

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