Insurance question - whose fault? - Izzy
First, let me say hello to you all - just came across this site and you may be able to help.

Earlier today, I had a minor accident and I'm trying to work things out, so here's the story (hope it makes sense!)

Location: Westferry Circus roundabout (lower section) in Docklands.

It's a fairly big roundabout, with 2 lanes in, 2 lanes on it, and 2 lanes on the exit I wanted. I go round and see a guy on my left, going very slowly, and nowhere near level with the exit. I go past, indicate left to take my exit (I needed the right lane of the exit). Next thing I know, bang... he's hit my rear left with his front. Looks like he decided not to take that exit and to keep going round, and didn't indicate.

We stop to exchange details: it's not his car, it's his brother's, doesn't know who the insurer is. I copied his details from his driving licence (which he first said he didn't have on him), took his brother's number and will call him tomorrow. Car in on German plates, took the registration details. Went to the local police station to report the accident, just in case I can't get in touch with the guy (better safe than sorry). Had a quick word with my insurance and they'll send someone round to assess the damage in the next couple of days (visible damage: big dent in rear quarter just above the wheelarch, slight marks on bumper & the wheel took a fair knock, so I'm a bit worried about possible damage to the suspension and/or exhaust).

Now for the question, what are the chances of it being classified as a 50/50 (no witnesses), or is it likely to be 100% his fault, or 100% my fault?

The guy said that damage on his brother's car wasn't bad (scraped front bumper) and depending on how much my repairs would be, we should try and sort it without involving the insurance. Does that make him admitting liability?
Insurance question - whose fault? - Schnitzel
So was he German?
If not why the German plates?
I hope nothing fishy is going on.
The drug dealers round nottingham are now getting German cars, as it's easier to deal 'on da schreet' from the near side window, and also, the registration is not parsed by the cameras.
Insurance question - whose fault? - Izzy
Nope he wasn't German - he wasn't English either, but that doesn't mean anything as neither I am! He had a DVLA driving licence, with an address in the UK. He was driving his brother's bmw... Thought it was all a bid odd as well, that's why I went to the police station to report it (I've got a nice form to fill in and will bring it back to the station tomorrow). Now of course, it may well be all above board and it's just me being paranoid...
Insurance question - whose fault? - Civic8
I would suggest you go insurance claim route..assuming you have all the details or at least reg/no. which you state you have. And do you have drivers legal protection?. Found this to be off great help when a disabled wheelchair smashed into my car. Claim was against me and it wasn`t my fault.. I won the case. but dont trust anyone that wants to (not go insurance route)If as you say not your fault. their is no reason why you will be penalised..
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Steve
Insurance question - whose fault? - Izzy
I do intend to go the insurance route, as I think it's going to be pretty expensive (on my side anyway, the other guy looks like he just need his bumper resprayed) and that's what I pay my premiums for every year! Yep, got legal protection as well, and protected no claim discount. I thought it might just help my case contacting the insurance straight away and taking it from there.
Insurance question - whose fault? - Mark (RLBS)
Almost certainly it will be deemed your fault I think. The indicator, or lack thereof, is not particularly relevant.

At what angle was your car at the time of impact ? Would it be more correct to say that you cut across him giving him no chance to avoid or that you were on your course and he turned into you ?

By the way, this thread will move to Discussion later on. {Done. DD}
Insurance question - whose fault? - Izzy
I honestly don't think I cut across him (I'm a nice girl, I don't do things like that, I'd rather wait a few seconds than have a crash). Not sure about the angle of impact.

Sorry if I posted in the wrong section...
Insurance question - whose fault? - Civic8
Not certain of company you are with. But make sure you contact legal protection as an aside to insurance co..They dont always work together. I had this problem and lost my NCD for a month..It was re`enstated after letter from DLP to insurance co clarified result hence got my NCD back.
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Steve
Insurance question - whose fault? - Izzy
I'm with Liverpool Victoria, and thanks for the tip, I will check with them tomorrow.
Insurance question - whose fault? - matstro
I had a minor accident in a remote single track country lane last year. I was approaching a blind bend at about 10 mph (yes 10 mph, I drive this way twice a day) when around the bend came a kid in a Cavalier at what must have been 30 mph. He had no chance and tore lightly down the side of my vehicle, which was stopped before he hit it. Absoloutely not my fault. Had some walkers on the lane who'd seen the cavalier speeding, had the cops there as well. It was a knock for knock and I could do nothing about it. btw he'd only passed his test the day before!

Seems to me unless you have solid witnesses and no ambiguity, no one wants to pay out and it goes knock for knock every time.

It's a right rip off and I ended up repairing myself rather than lose no claims and excess.
Insurance question - whose fault? - Civic8
Make sure explanation to insurance co. is the same to DLP if it is different you may lose the case. Good luck wish you well. Steve
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Steve
Insurance question - whose fault? - Izzy
Thanks... plan for tomorrow:

1) Go to Boots and drop off disposable camera to get pics developed - 3 sets needed I think (I always have one in the glove box, first time I've had to use it though)

2) Call the guy's brother to get insurance details off him (I'm going to do this from the office, on speakerphone with a couple of colleagues as witnesses, just in case he tells me to get lost...)

3) Call insurance co and give them other party's insurance details & check re informing DLP

4) Get pics back, go to police station to drop form off including set of pics

5) If the repair people haven't contacted me yet, give them a call & arrange for them to assess the damage.

Anything else I might have forgotten?
Insurance question - whose fault? - tyre tread
This one is close to my heart.

Had a 7.5t lorry do to me exactly what you appear to have done to him i.e. go from inside of roundabout to exit. The only difference was that I was taking the same exit and it was one lane onto slip off roundabout.

I was shaken up as I had watched the wheel nuts tear down the offside of the car and it had lifted the car onto 2 wheels momentarily

Guy gets out of lorry (Courier service!) and admits to me and my passenger that it was his fault as he didn't see me in his mirror. We exchage details and off we go.

It was a company car so filled in forms etc, got car repaired and thought no more about it.

3 months later made redundant, handed back company car and bought a car of my own.

I went to arrange insurance and asked employers for confirmation that I had a clean driving record and was told I hadn't!

The lorry driver had changed his story and sed that I had tried to apss him on the inside. The insurance companies had agreed on a knock for knock and no-one had informed me.

This all happened in 1999 so I am just about to get full NCB back this year (touch wood)

Moral - Always get independant witnesses if you can and a written admission of guilt if appropriate and possible
Insurance question - whose fault? - Izzy
That is scary - but as you said, the difference is in the number of lanes exiting - in my case, if there'd been only one lane, I would have been on the left without any questions but as there were two lanes and I needed to take the one on the right...

What I am trying to work out is what the other guy was trying to do. He was going very slowly when I passed him (I would say about 10mph, but then it's hard to judge), so I'm wondering if he was trying to find his way, thought he would need the exit he was in lane for, saw the signposts, realised it wasn't the exit he wanted, and therefore wasn't paying as much attention to what was happening around him as he should have. Or he could have been looking at a map, or I don't know... It's all becoming too confusing...

I think I'm just going to go to bed and hope I can make some progress tomorrow. All I want is to have my car fixed as quickly as possible.

It would really bother me if I was found to be 100% responsible, simply because it would imply a major lack of judgement on my part... never had anything like that happen to me before and I'm always as courteous as I can to other road users.
Insurance question - whose fault? - Mark (RLBS)
DO me a favour, do a forum search for "knock for knock".

It is nothing to do with fault. It never had been, it never will be. It doesn't apply the blame was 50:50, it doesn't imply that one or other was at fault. Its not connected, not relevant, not related.

It is simply an agreement which has been in place for the last 30 odd years between major insurers that irrespective of the fault each will pay their own accidental damage and not sue o seek to recover their money from each other.

It is partly an admin & cost thing and partly to stop them being able to attack a motor insurer they don't like - as has happened before - Vehicle and General, I think.

Recovery of uninsured losses is what normally determines how fault is deemed to have lain and who, if anyone, retains or loses their NCD.

Let them agree K4K, it doesn't matter. Recover your XS from the other person and your bonus will be unaffected.
Insurance question - whose fault? - MarkSmith
Izzy,

I've read all the posts and I'm stil not quite clear what happened. What you did could have been right, or could have been wrong, from what's written, I think.

Imagine this:
Normal roundabout, normal layout, four roads joining/leaving it. You're on "road 1", road 2 is 90deg to your left, road 3 straight ahead, road 4 is 90deg to your right. Two lanes on each road, no tricks. OK?

Assuming you are going straight ahead in the RH lane, you would go round on the inside, not indicating as you join or pass road 2, then exit in the RH lane, indicating left.

If there is someone joining from road 2, going straight ahead in the LEFT lane, he would (correctly) NOT be indicating as he passed road 3 (where you want to exit). -> Your fault, you shouldn't have assumed he was turning off.

But if he'd come from the same place as you (road 1) and intended to come off at road 4 (i.e. go past road 3) he would be in the wrong lane. -> His fault, in the wrong lane.

Hope that makes sense!

-Mark
Insurance question - whose fault? - Mark (RLBS)
Wrong lane isn't going to be enough.

Was she leaving the roundabout and he drove into the side of her

or

Was he going past the exit and she cut across him clipping his front.

Quite different, and difficult to prove of course. And in the end it will almost certainly come down to who recovered their excess from the other.
Insurance question - whose fault? - Izzy
Thanks everybody for your opinion & advice. Feeling better about it, it's just that I've never been involved in any accident, no matter how minor before, and I've never had to deal with insurance claims so far...

Haven't been able to get in touch with the owner yet as he's out of the office, but it seems that it's a company car, so at least everything looks above board, and I've left a message for the guy to call me back.

Someone will come to look at the car tomorrow or Wednesday to give me an estimate on the repairs, then depending on what they say, and what the estimate for the other guy's car is, we'll see if we deal with it through the insurance co or not. I just want to keep the whole process as civil and as quick as possible.

Mark: as you said difficult to prove, especially as there were no witnesses, the insurance co said that if we go through them, they'll probably go 50/50, end of the story.
Insurance question - whose fault? - Mark (RLBS)
50:50 from an insurance company makes me laugh;

What do they mean, that they'll disallow half of each bonus ? I don't think so. What they means is that they can't be btohered to chase it so they'll mark both people down for loss of bonus.

Get your excess back from the other company and send proof to your insurer - insisting on the reinstatement of your NCD.
Insurance question - whose fault? - Izzy
My NCD is protected anyway, so should be ok. Anyway I will deal with all this when we get to it... one thing at a time.
Insurance question - whose fault? - Mark (RLBS)
All the comments remain, except subsititute "premium loading" for "loss of NCD".

Believe me, deal with this with force, strength and an insistance of your rights now - a year or so from now you will almost certainly regret it if you do not.

Even if your policy says that you can have one accident a year, you'll regret not pursuing this one if you have another accident later which is your fault.