dualtech

Sorry if it's a bit long

Got this through the post today

Female driver by the way

At approximately 2.00pm an accident occoured involving the said vehicles. The details of the accident are that the claimants vehiclewas in the nearside lane of a roudabout leading on to the A14. the claimant was intending to take the 3rd exit and proceed onto the A14. The defendant was in the offside lane of the said roundabout and intending to take the 2nd exit. The defendant moved from this lane to the nearside lane and collided with the claimants car.

The said collision was caused solely by the negligence of the defendant.

My reply

On the 9 May 2001 I was travelling eastbound on the A14 dual carriageway near Cambridge. I left the A14 at the junction with the A1309 intending to turn right (third exit) on the roundabout above the A14. I stayed in the right hand lane of the slip road, with my right indicator flashing as I approached the roundabout. The 3rd exit from the roundabout was a dual carriageway and I wanted to turn right approximately 0.5 miles after I had left the roundabout. As I went passed the 2nd exit I indicated left and proceeded to leave the roundabout when the front headlight area of the claimants car, who was in the inside lane hit my car half way down the front wing.
The claimant admits she was in the inside intending to take the 3rd exit from the roundabout (the one after mine and therefore turning right) and also admits to being in the inside lane.
Could I bring to your attention the enclosed copy of the Highway Code for the procedure for turning right at roundabouts.
I therefore conclude that the claimant was in the wrong lane for her manoeuvre, did not give enough space for others to leave the roundabout and not paying attention to other motorists.

She's claiming £75!!!!

I lost £200 excess and have now got a claim against my insuance.

Anybody guess the outcome/comments

This did;nt happen in the Scoob

JockyTT

They're taking the mickey. She's coming down the A10 on to A14 west and she's in the nearside lane? 280 degrees round a roundabout? I'm surprised she didn't hit more people than you!

You're heading to the Science Park and I would have done exactly the same as you. I have no idea what really happened but if sesse prevails you'll win the claim and they'll admit they're wrong.

dualtech

So can I then claim £200 from her,if it was not "my fault" it must be hers.

Yes I was going to the business park, i think she was coming from Milton and turning right towards Huntingdon.

Insurance settled 50-50

JockyTT

So it's OK to go all the way around a roundabout in the nearside lane then? Advanced (and all, probably) Driving instructors teach that anything past 12 o clock is a right hand turn, approach and manoevre should be in offside lane until passing exit before one required, indicating accordingly....

The highway code as you suggest backs this up. I think you've been hard done by.

Steve

Dazza012

As long as they admit liability you can claim all ur excess back and get them to front up for the damage done to ur car, plus pay for the hire car if u had one while ur motor was being fixed
Only draw back is this could take bloody ages, i've just got my £500 excess back from more or less same ding dong that happened a year ago.

alcazar

iTrader: (2)

This is one area where TB Liar and his cronies COULD make a difference.............if they spent the money on adverts teaching muppets about the highway code, instead of speeding/pay your road tax etc[img]images/smilies/mad.gif[/img]
Alcazar

Mice_Elf

I think the reason that it turned out 50-50 is that you did not check your mirrors for numpties on your near side. Or rather, you didn't say that you did in your response.

You therefore moved from an outside lane onto the road off the roundabout.

That's what it reads to me, anyway...

Mice_Elf

Actually, from the sound of your reply, you were both taking the SAME exit...

(So how can this be -)

**Edited because BOLD doesn't work in quotes...

[Edited by Mice_Elf - 6/12/2003 10:41:19 AM]

dharbige

Sorry, mate, but IMHO the accident was your fault.
Yes, she was in the wrong lane for the exit she was intending to take, but that was not the cause of the accident.
It sounds like you changed lanes without checking that there was room for the manouver, or checking your blind spot.
I think you've been lucky to get 50-50.

Mungo

Although she was in the wrong lane, you were the one who switched lanes when it wasn't safe to do so. It wasn't safe because she wasn't following the highway code. 50-50 is fair I'd say. Quite why she's claimed her £75 excess from you on her legal cover I've no idea - her lawyers should have told her it's not worth it. You should counter-claim for your £200 excess from her using your own legal cover.

dharbige

She was in the wrong lane APPROACHING the roundabout, and had been in the wrong lane until she passed the second exit, but she wasn't in the wrong lane at the time the accident occurred.
She had made a mistake, but this was not the cause of the accident.
All IMHO of course.

T.C

Generally speaking the approach to a roundabout should be treated as left or nearside lane for any traffic exiting at 12'O Clock or pre 12 O'Clock, and the right hand or offside lane is for any traffic exiting post 12.

The exception to this rule is where road markings dictate otherwise, but this in the main is very few and far between.

Now, if the claimant is local (ish) to the area, then it would be fair to say that she/he is totally liable, however a court would argue that the defence has a duty of care to ensure regardless that it was safe to carry out the exit manouevre before commiting to it.

If she/he was non local, then this would be used in mitigation, although in law this in itself is no excuse, but what I can see is that a court would hold the claimant at least 80% liable possibly up to the full 100% liability, but then under civil law the rule used is "On the balance of probability".

I have had many cases like this recently, and in every one, the driver in the nearside lane has been held to be primarily liable, but like all cases no two are the same and a court ruling would be dependant on the circumstances.

Get in touch with your insurers and tell them you wish to fight it and make a counter claim, you will probably find that the claimant will drop her/his action.

If you want top discuss it in private, you are welcome to e-mail me directly at tcarter@boyesturnerlegal.co.uk

dualtech

Mice Elf...

I left the A14 at the junction with the A1309 intending to turn right ****(third exit)*** on the roundabout above the A14. ..... As I went ***passed the 2nd exit*** I indicated left and proceeded to leave the roundabout ....The claimant admits she was in the inside intending to take the ***3rd exit*** from the roundabout

She was going to take HER 3rd exit from the roundabout...she joined
the roundabout one entry after me.

Thanks to everybody for replying

TC.. I will e-mail you later thanks