Car Crash

cono1717 · 28-12-11, 08:32 PM

So I was involved in a car crash today

Everyone was OK the only casualty was my iPhone which was knocked out of its holder by the impact and disintegrated into a million pieces.

Anyway the point is I am after some advice from you experienced drivers. It happened on a round about, I'm not sure if anyone is familiar of the New Mersey Retail Park in Liverpool, but basically it has a two laned dual carriage way which leads onto a 4 exit round about, still in two lanes, and then off to carry on as a dual carriage way, again still in two lanes.

I was in the right lane, going straight (as I have to turn right, 150 yards after the roundabout) as I was exiting at the second exit (straight ahead) the guy came across from the left and hit the back of my car. He said he was turning right to go to the third exit (right of my exit) and that's when we struck.

I presumed he was liable but my insurance company said something about the road markings being confusing and that he can do that, surely if you are going right on a roundabout you need to be on the right hand lane?

Put the coordinates 53.349296,-2.874237 into google maps and you will see the road

Any advice would be greatly received and thanks for all the support!

Harvez · 28-12-11, 08:52 PM

Makes no difference what bloody signs say you were in the right lane and HE hit you, therefore he is liable. Don't let them fob you off with a 50/50 claim fight your guns and get all the ammo you need re: screen shots of where you were and when he hit you etc.

LcLive · 28-12-11, 08:56 PM

Right lane means right. Simple. Get a screen shot from Google maps and draw on it to support your claim.. Make it clear what you did right and he did wrong.

I had a look on Google maps.. could you be clear on the road names you were coming off/going onto? as with the 3rd party?

moviedrome · 28-12-11, 09:25 PM

as long as he hit you as harvez says you should be okay - i've taken to calling the police out for any accident now to establish blame as I've been stuck with a 50/50 before and I don't want that to happen again for something that was clearly their fault!

cono1717 · 28-12-11, 10:00 PM

Yeah the insurance company mentioned 50/50 and I was like errr no. The screenshot idea is a good idea. I'll wait and see what my insurance comes back with then contest. Out of interest he was RSA Motorbility anyone had experience with them?

az87aris · 28-12-11, 10:05 PM

Insurance can be tricky when it comes down to roundabouts, I was hit in the rear of my car on a roundabout in april 2010 and the case has only just been closed, I was denying fault as he hit me from behind but he was also denying fault as he was apparently on the roundabout first.

The case ended up being split liability so there are now accident/faults on both our files. I'm glad you and everyone involved is okay, but be prepared for a lengthy case/claim on your insurance!

vster2010 · 28-12-11, 10:33 PM

I would like to start with that that roundabout is very complicated. And I can see where there is confusion.

However, if you were on the roundabout before him, you have right of way, basic road rule for a roundabout. He hit you in the back, if it was your fault, you would have hit him with the front of your car so it shouldnt count as your fault or 50/50. If he lives there and uses that road often, then you can use that as disregard to the fact there are bad markings since he would have known how bad the roundabout is to begin with.

Either way, hope you are good. People get very shaken after an accident.

Amiethest · 28-12-11, 10:41 PM

I agree 100% it shouldn't be 50/50.

Unfortunately the nature of the law and the proven cases as far as accidents go on roundabouts sets the usually precident as 50/50, in general all accidents of this nature end up as split liability. Sorry!

cono1717 · 28-12-11, 10:56 PM

http://i44.tinypic.com/vigvn6.jpg that's the paths of the incident on the map, he was being very uncooperative but that's the general gist, he fully admitted to a witness with me he was in the left hand lane signalling right. I'm the red line he is the blue.

az87aris · 28-12-11, 11:04 PM

He was in the wrong lane for where he told you he wanted to be going, he should have been in your lane.

The lane he was in meant he would have had to turn off onto the lane you were leaving on rather than carry on around to the next exit.

When you draw the diagram to go with your statement it will be obvious he was to blame/at fault, even if he denies it you should be okay if you have a witness.

LcLive · 28-12-11, 11:14 PM

Oh my god.. Definately his fault.. I can see why you were in the right hand lane now.. Looking to join the right hand lane on the carriageway to turn right up the road. He should have been in front or behind you in the same lane and carried along to the next exit. Then there would have been no collision.

Right ALWAYS means right.

cono1717 · 28-12-11, 11:20 PM

Lovely, like 99.9% of the people I asked about this have backed me up, all that's left is the tooth and nail fight now, out of interest should I call his insurance or just let my insurance deal with it?

**ryan1087** · 28-12-11, 11:45 PM

Quote:

Originally Posted by cono1717

Lovely, like 99.9% of the people I asked about this have backed me up, all that's left is the tooth and nail fight now, out of interest should I call his insurance or just let my insurance deal with it?

Just let your insurance deal with it.

tombsc · 29-12-11, 12:32 AM

Boom. I stopped reading as soon as I got to the magic 'insurance-is-not-going-to-help-you' word - Roundabout.

Sadly, that's also where your insurance company will lose interest too. When it comes to roundabouts, if nobody will admit fault it will always go 50/50.

Happened to me once as well, almost the same thing except in my case the other driver was going in the same direction as me, she just failed to follow the lanes and went straight, cutting across my path and drove into the front offside of my car. She said she was in the right, even though she had clearly cut across two lanes. The insurance said that as it was a roundabout, fault is impossible to prove so it would go 50/50.

Sorry to tell you this, but just put it down to experience and move on.

*I also rammed somebody on purpose on a roundabout once, knowing they wouldn't be able to prove fault. But that's a whole other story

**MJ10** · 29-12-11, 05:32 AM

Definitely their fault but you'll just have to see what you can do.

I wish it was as easy as 'they hit you = their fault' I had a motorbike hit me and it was completely his fault, though because I was pulling out of a back road (onto another back road) it was my fault (even though he was doing 50 on a blind bend with no light on in the early evening dusk!!

Good luck!

ndev2k · 29-12-11, 08:44 AM

Looking at the images I would definitely say it was their fault but have to agree with the others that the insurance will likely go 50/50.

On a side note about bad roundabouts do a google image search for swindon's magic roundabout (that is what it is actually called)

Also there is one in Paris either at the arc de triomphe or the champs elisse that gives right of way to traffic that is joining the roundabout rather than traffic on the roundabout.

They are 2 roundabouts I have only ever been on once and never want to do again.

**MJ10** · 29-12-11, 08:48 AM

Quote:

Originally Posted by ndev2k

Looking at the images I would definitely say it was their fault but have to agree with the others that the insurance will likely go 50/50.

On a side note about bad roundabouts do a google image search for swindon's magic roundabout (that is what it is actually called)

Also there is one in Paris either at the arc de triomphe or the champs elisse that gives right of way to traffic that is joining the roundabout rather than traffic on the roundabout.

They are 2 roundabouts I have only ever been on once and never want to do again.

Swindon's Magic Roundabout is horrible, but I've done it a few times and feel fairly confident myself... but it's the other people I worry about who don't know it!

Arc de Triomphe is horrible, but fun! Take an old car then just GO GO GO!!!

(But to reitterate now I've seen the photo... 100% their fault. The left lane is for 1st or 2nd exit, the right lane is for 2nd or 3rd exit. He was in the worng lane and probably doesn't want to admit he didn't know where he was going. If I were you I would fight tooth and nail but don't expect much. Next time take lots of pictures, get witnesses and their details and phone the police)

Cruelworld · 29-12-11, 09:29 AM

The road markings are clear enough to show what lane he should have been in.
Should be a closed case but yeah, prolly land as a 50/50.
Good luck though.

vster2010 · 29-12-11, 09:59 AM

yea it is his fault. he should have been in your lane. the left lane would indicate the person is going to the left(first exit) or straight(second exit). You're not supposed to be in that lane if you need to go right(third exit).

I think you should use this as proof for insurance. even if there are no/bad markings, road signs that are massive and blue which can be seen day and night tell drivers which lane to be in when it comes to a roundabout and the exits available.

Go kill his ass with this thread lol.

cono1717 · 29-12-11, 10:08 AM

apparntly the council have CCTV on that roundabout according to the site security, probably worth giving them a ring, anyone know of anyway I can get the footage fairly quickly?

28-12-11, 08:32 PM	#1
cono1717 iPod 30gb Join Date: Aug 2009 Location: Widnes Posts: 1,090	Car Crash So I was involved in a car crash today Everyone was OK the only casualty was my iPhone which was knocked out of its holder by the impact and disintegrated into a million pieces. Anyway the point is I am after some advice from you experienced drivers. It happened on a round about, I'm not sure if anyone is familiar of the New Mersey Retail Park in Liverpool, but basically it has a two laned dual carriage way which leads onto a 4 exit round about, still in two lanes, and then off to carry on as a dual carriage way, again still in two lanes. I was in the right lane, going straight (as I have to turn right, 150 yards after the roundabout) as I was exiting at the second exit (straight ahead) the guy came across from the left and hit the back of my car. He said he was turning right to go to the third exit (right of my exit) and that's when we struck. I presumed he was liable but my insurance company said something about the road markings being confusing and that he can do that, surely if you are going right on a roundabout you need to be on the right hand lane? Put the coordinates 53.349296,-2.874237 into google maps and you will see the road Any advice would be greatly received and thanks for all the support! __________________ Totally Free iPad \| McFlurry Ice Cream Van Everything I say reflects my own opinions and not that of any company.

28-12-11, 08:52 PM	#2
Harvez Mini Mac Join Date: Nov 2006 Location: l33dz Posts: 9,490	Makes no difference what bloody signs say you were in the right lane and HE hit you, therefore he is liable. Don't let them fob you off with a 50/50 claim fight your guns and get all the ammo you need re: screen shots of where you were and when he hit you etc. __________________ Freebiejeebies \| Free iphone \| Free Blackberry \| Free Wii U \| Free laptop Someone once said "Life is what you make it", I disagree sometimes life makes you into what you are.

28-12-11, 09:25 PM	#4
moviedrome FJ Network Owner Join Date: Jan 2007 Posts: 6,802	as long as he hit you as harvez says you should be okay - i've taken to calling the police out for any accident now to establish blame as I've been stuck with a 50/50 before and I don't want that to happen again for something that was clearly their fault! __________________ freebiejeebies Consoles \| Apple \| HDTV \| PS3 \| Mobiles \| Sports \| Gadgets \| Points \| Gifts \| Select Supported Network of the Year 2008 & 2009 & 2010 & 2011 Network Staff Member of the Year 2009 & 2011 (joint) Supported Network of the Year (Design) 2008 New and Unproven Network of the Year 2007

28-12-11, 10:00 PM	#5
cono1717 iPod 30gb Join Date: Aug 2009 Location: Widnes Posts: 1,090	Yeah the insurance company mentioned 50/50 and I was like errr no. The screenshot idea is a good idea. I'll wait and see what my insurance comes back with then contest. Out of interest he was RSA Motorbility anyone had experience with them? __________________ Totally Free iPad \| McFlurry Ice Cream Van Everything I say reflects my own opinions and not that of any company.

28-12-11, 10:05 PM	#6
az87aris Mini Mac Join Date: Apr 2008 Location: South Yorkshire Posts: 4,906	Insurance can be tricky when it comes down to roundabouts, I was hit in the rear of my car on a roundabout in april 2010 and the case has only just been closed, I was denying fault as he hit me from behind but he was also denying fault as he was apparently on the roundabout first. The case ended up being split liability so there are now accident/faults on both our files. I'm glad you and everyone involved is okay, but be prepared for a lengthy case/claim on your insurance! __________________ Free iPhone 4S \| Free iPad \| Free iPod

28-12-11, 08:56 PM	#3
LcLive iPod 60gb Join Date: Dec 2011 Location: Taunton Posts: 1,881	Right lane means right. Simple. Get a screen shot from Google maps and draw on it to support your claim.. Make it clear what you did right and he did wrong. I had a look on Google maps.. could you be clear on the road names you were coming off/going onto? as with the 3rd party?

28-12-11, 10:33 PM	#7
vster2010 iPod 30gb Join Date: Sep 2010 Location: London Posts: 1,336	I would like to start with that that roundabout is very complicated. And I can see where there is confusion. However, if you were on the roundabout before him, you have right of way, basic road rule for a roundabout. He hit you in the back, if it was your fault, you would have hit him with the front of your car so it shouldnt count as your fault or 50/50. If he lives there and uses that road often, then you can use that as disregard to the fact there are bad markings since he would have known how bad the roundabout is to begin with. Either way, hope you are good. People get very shaken after an accident. __________________ Freebies Website http://www.freenewipad2.co.uk My startup blog on technology http://techboyblog.wordpress.com/ JOIN A CONGA FOR 2 GREENS! SELECT CONGA

28-12-11, 10:41 PM	#8
Amiethest is meant to be revising Join Date: Dec 2008 Location: Nottinghamshire Posts: 6,451	I agree 100% it shouldn't be 50/50. Unfortunately the nature of the law and the proven cases as far as accidents go on roundabouts sets the usually precident as 50/50, in general all accidents of this nature end up as split liability. Sorry! __________________ Well since as my SERPS are now dead, I won't belearning how to get an iPad for nothing anymore\| My Free Xbox 360 sitehas tanked \|And the only one that was an experiment and doesn't make money is Free 3DS darn it. Want to know how to get greens (referrals) for FreebieJeebies? I'll tell you how..... Work hard, like the rest of us! Feel free to ask questions!

28-12-11, 10:56 PM	#9
cono1717 iPod 30gb Join Date: Aug 2009 Location: Widnes Posts: 1,090	http://i44.tinypic.com/vigvn6.jpg that's the paths of the incident on the map, he was being very uncooperative but that's the general gist, he fully admitted to a witness with me he was in the left hand lane signalling right. I'm the red line he is the blue. __________________ Totally Free iPad \| McFlurry Ice Cream Van Everything I say reflects my own opinions and not that of any company.

28-12-11, 11:04 PM	#10
az87aris Mini Mac Join Date: Apr 2008 Location: South Yorkshire Posts: 4,906	He was in the wrong lane for where he told you he wanted to be going, he should have been in your lane. The lane he was in meant he would have had to turn off onto the lane you were leaving on rather than carry on around to the next exit. When you draw the diagram to go with your statement it will be obvious he was to blame/at fault, even if he denies it you should be okay if you have a witness. __________________ Free iPhone 4S \| Free iPad \| Free iPod

28-12-11, 11:14 PM	#11
LcLive iPod 60gb Join Date: Dec 2011 Location: Taunton Posts: 1,881	Oh my god.. Definately his fault.. I can see why you were in the right hand lane now.. Looking to join the right hand lane on the carriageway to turn right up the road. He should have been in front or behind you in the same lane and carried along to the next exit. Then there would have been no collision. Right ALWAYS means right.

28-12-11, 11:20 PM	#12
cono1717 iPod 30gb Join Date: Aug 2009 Location: Widnes Posts: 1,090	Lovely, like 99.9% of the people I asked about this have backed me up, all that's left is the tooth and nail fight now, out of interest should I call his insurance or just let my insurance deal with it? __________________ Totally Free iPad \| McFlurry Ice Cream Van Everything I say reflects my own opinions and not that of any company.

29-12-11, 12:32 AM	#14
tombsc iPod 60gb Join Date: Nov 2005 Location: Down Under Posts: 1,688	Boom. I stopped reading as soon as I got to the magic 'insurance-is-not-going-to-help-you' word - Roundabout. Sadly, that's also where your insurance company will lose interest too. When it comes to roundabouts, if nobody will admit fault it will always go 50/50. Happened to me once as well, almost the same thing except in my case the other driver was going in the same direction as me, she just failed to follow the lanes and went straight, cutting across my path and drove into the front offside of my car. She said she was in the right, even though she had clearly cut across two lanes. The insurance said that as it was a roundabout, fault is impossible to prove so it would go 50/50. Sorry to tell you this, but just put it down to experience and move on. *I also rammed somebody on purpose on a roundabout once, knowing they wouldn't be able to prove fault. But that's a whole other story

29-12-11, 05:32 AM	#15
MJ10 Currently: Moderating! Join Date: Nov 2008 Location: Thatcham, Reading Posts: 15,787	Definitely their fault but you'll just have to see what you can do. I wish it was as easy as 'they hit you = their fault' I had a motorbike hit me and it was completely his fault, though because I was pulling out of a back road (onto another back road) it was my fault (even though he was doing 50 on a blind bend with no light on in the early evening dusk!! Good luck! __________________ Spoiler Received from FreebieJeebies: £4,280.76 Spoiler Amazon Vouchers (£275) \| Wii Black & Game (£200) \| Textbooks (£40) \| Samsung T220HD (£200) \| WiFi Printer (£38) \| Samsung R580 (£689) \| Belkin Case (£15) \| Catlike Whisper Plus (£102) \| JVC Hi-Fi (144) \| Kenwood Microwave (£62) \| 2xHDMI (£5.03) \| Omron Scales (£30) \| 2xBluRay (£10) \| Kitchen Crockery (£44) \| BT (£1,302) \| BT (£663) \| BT (£238) \| 500GB Wifi HDD (£103.98) \| Philips iPad Speaker (£99.99) \| Sgt.PepperMill (£10.47) \| Car iPhone/Tape (£9.29) Received from KUDOS: £2,652.50 Spoiler Philips Hi-Fi (£138) \| iPhone 4 Case (£4) \| SEO Book (£13) \| Russell Hobbs Kettle (£40) \| 3D HDMI Cable (£11.99) \| Samsung UE40D6530 3DHDTV - BD-D6500 3D BluRay Player - Skype Camera - 2x3D Glasses and BluRay Film (£946) \| Wireless Headphones (£55) \| 1TB HDD (£55) \| IceAge DVD Box Set (£10) \| BluRay Blank Disk Package (£26.48) \| Harry Potter 1-8 BluRay (£32.30) \| Nike+ Running Package (£35) \| HDMI Cable (£5) \| Extension Lead (£18) \| Russel Hobbs Iron (£20) \| Brabantia Ironing Board (£55) \| Just Dance 3 (£23) \| TV Aerial Cable (£2) \| Samsung UE32D5520 HDTV (£380) \| Amazon Voucher (£51) \| 32GB iPad 3 4G (£579) \| BT (£153) Received from Xpango: £250.14 Spoiler Apple TV (£99) \| Affiliate Bank Transfer (£32.20) \| Affiliate Bank Transfer (£49.74) \| Affiliate Bank Transfer (£69.20) Received from other affiliates: £263.20 Spoiler Amazon Affiliate Voucher (£263.20) 2011 Winner of Best Site Award and Grammanazi Award. Runner up for Member of the Year 2011 Free iPhone \| Free iPhone \| Free iPad 3 \| Sign Define App \| Freebie Proof Photo Blog Total Received: £7,446.87 plus Current Stats: 0 green 12 pending WIN an iPod Shuffle, XBox Live, Amazon or iTunes vouchers >> Free competition entry here << Spoiler Spoiler Ed's status Spoiler Received from FreebieJeebies: £1,854.03 Amazon Vouchers (£275) \| Wii Black & Game (£200) \| Textbooks (£40) \| Samsung T220HD (£200) \| WiFi Printer (£38) Samsung R580 (£689) \| Belkin Case (£15) \| Catlike Whisper Plus (£102) \| JVC Hi-Fi (144) \| Kenwood Microwave (£62) 2xHDMI (£5.03) \| Omron Scales (£30) \| 2xBluRay (£10) \| Kitchen Crockery (£44) Received from KUDOS: £1,920.50 Philips Hi-Fi (£138) \| iPhone 4 Case (£4) \| SEO Book (£13) \| Russell Hobbs Kettle (£40) \| 3D HDMI Cable (£11.99) Samsung UE40D6530 3DHDTV - BD-D6500 3D BluRay Player - Skype Camera - 2x3D Glasses and BluRay Film (£946) Wireless Headphones (£55) \| 1TB HDD (£55) \| IceAge DVD Box Set (£10) \| BluRay Blank Disk Package (£26.48) Harry Potter 1-8 BluRay (£32.30) \| Nike+ Running Package (£35) \| HDMI Cable (£5) \| Extension Lead (£18) Russel Hobbs Iron (£20) \| Brabantia Ironing Board (£55) \| Just Dance 3 (£23) \| TV Aerial Cable (£2) Samsung UE32D5520 HDTV (£380) \| Amazon Voucher (£51) Received from Xpango: £250.14 (others: £263.20) Apple TV (£99) \| Affiliate Bank Transfer (£32.20) \| Affiliate Bank Transfer (£49.74) \| Affiliate Bank Transfer (£69.20) Amazon: Affiliate Voucher (£263.20)

29-12-11, 08:44 AM	#16
ndev2k Looking for a new job!! Join Date: Jun 2008 Location: St Helens Posts: 4,277	Looking at the images I would definitely say it was their fault but have to agree with the others that the insurance will likely go 50/50. On a side note about bad roundabouts do a google image search for swindon's magic roundabout (that is what it is actually called) Also there is one in Paris either at the arc de triomphe or the champs elisse that gives right of way to traffic that is joining the roundabout rather than traffic on the roundabout. They are 2 roundabouts I have only ever been on once and never want to do again. __________________ Free Stuff \|Free iPhone 3GS \| Free Nintendo Wii \| Free PS3 \| Free Stuff Spoiler Received: DS Lite w/Cooking Guide \| Bank Transfers worth £1839 \| 320GB WD Portable HDD \| 8GB iPod Touch \| Navman S70 3D Sat Nav \| Sony Playstation 3 80GB \| £340 Amazon Vouchers \| Singstar Vol 1 & 2 \| Fisher Price Little People Santa's Sleigh \| 7 in 1 Trekker from Mothercare \| Singstar Abba \| iPod Shuffle 1GB Blue \| Windows 7 Ultimate \| Linksys Wireless Router \| Buzz Quiz TV \| Buzz Brain of the UK \| Silver Necklace \| Bio-Oil \| iPhone 3GS 16GB \| 750GB Internal Hard Drive \| SATA Cable \| Hoover Dishwasher \| Sceptre II Gas Fire \| Walnut Fire Surround \| Heated Towel Radiator \| Amazon Kindle 3G + Wi-Fi \| £424 Paypal \| £520 worth of Building Materials \| X-Factor (Dual Mic Pack) Game (PS3) \| £90 Amazon Vouchers (prizes in Competition) \| Nintendo 3DS with Zelda Game Value Of Received Gifts : £6019(approx) Last edited by ndev2k; 29-12-11 at 08:47 AM..

29-12-11, 09:29 AM	#18
Cruelworld Romper Stomper Join Date: May 2009 Location: Behind the fridge... Posts: 4,268	The road markings are clear enough to show what lane he should have been in. Should be a closed case but yeah, prolly land as a 50/50. Good luck though. __________________ Free Gadgets \| Free iPod \| Free iPhone \| Free Gadget \| Free Wii U This page will help some people.

29-12-11, 09:59 AM	#19
vster2010 iPod 30gb Join Date: Sep 2010 Location: London Posts: 1,336	yea it is his fault. he should have been in your lane. the left lane would indicate the person is going to the left(first exit) or straight(second exit). You're not supposed to be in that lane if you need to go right(third exit). I think you should use this as proof for insurance. even if there are no/bad markings, road signs that are massive and blue which can be seen day and night tell drivers which lane to be in when it comes to a roundabout and the exits available. Go kill his ass with this thread lol. __________________ Freebies Website http://www.freenewipad2.co.uk My startup blog on technology http://techboyblog.wordpress.com/ JOIN A CONGA FOR 2 GREENS! SELECT CONGA

29-12-11, 10:08 AM	#20
cono1717 iPod 30gb Join Date: Aug 2009 Location: Widnes Posts: 1,090	apparntly the council have CCTV on that roundabout according to the site security, probably worth giving them a ring, anyone know of anyway I can get the footage fairly quickly? __________________ Totally Free iPad \| McFlurry Ice Cream Van Everything I say reflects my own opinions and not that of any company.