Why is it obvious who is to blame?
Any witnesses or just your word against his?
And are you whiter than white?
Purely devils advocate; but have seen so many black and white stories as grey before now!
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Long time lurker on but had to make my first post in response to this one.
My wife had a very similar experience 2 years ago. Approached a roundabout on a dual carriageway in the offside lane with the intention of continuing straight on, ie exit at 12 o'clock. The road markings on the approach to the roundabout showed an arrow for left turn and straight on in the n/s lane and straight on or right turn on the o/s lane.
As my wife was beginning to exit the car on her inside tried going round the whole roundabout and turning right, ie 3 o'clock exit. The inevitable collision happened with the other cars front offside corner colliding with the rear nearside of our car.
Both cars stopped, no injuries and both cars still driveable but a fair bit of damage. I took photos of the scene, approach, damage and the debris which showed the collision had taken place in the offside lane on the exit of the roundabout.
Insurance response - 50/50 its too difficult to determine blame with a collision on a roundabout. Needless to say I hit the roof and pointed out that in this day and age where everyman and his dog seem to cry whiplash at the first hint of an accident we were saying that there was no injuries and refused to accept any responsibility for someone driving into the side of us on a roundabout, a situation we had no control over whatsoever.
After much letter writing my insurers eventually agreed to appoint a solicitor as I insisted we would take her to the small claims court ourself if necessary. After legal proceedings were commenced and a court date obtained the other driver eventually admitted 100% liability. All we ever wanted was our £100 excess returned and an acknowledgment that we were not in any way to blame. We got that and my insurance company got their £1000+ repair costs paid by the third parties insurance thanks to our persistance and hard work in providing detailed maps, photos and plans of the scene.
So I would say stick at it and if you are 100% convinced you are in the right insist on taking it all the way to court.
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Hello keasden, thanks for your comments. Similar situation except the truck was going off at 1 o'clock and I was going 360, hence being on the inside lane. The truck simply cut the corner off and entered my lane. I now have my legal assist on the case and like you I am determined to see it through on principle. I take yorkies point, but it seems that most people these days plead 'not my fault' even when it clearly is. Of course it is difficult to prove, but I think I have a better than even chance and I am going to do it. The truck itself wasn't long, an average 7.5 tonne short wheelbase but the vicious steel bar arrangement on the rear end did the damage. I am convinced that had that not been there it would have just been a close shave. It is a pity that insurance companies are so lack lustre when it comes to fighting their and my corner. I suppose you have to stick up for yourself in these situations. Thanks to all who commented and I shall let you all know what happens. Concrete
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