Question of the week: Someone hit me on a roundabout - who is at fault?

Dear Honest John,

"I was on my way to work recently and had just joined a roundabout to take the second exit, which was just before the straight ahead exit, so I was in the left lane and not yet signaling.

As I approached the first exit someone pulled out right in front of me. I hit the brakes but couldn't stop in time and collided with the side of the other vehicle. There was quite significant damage but both cars still worked.

We exchanged details and I reported the accident to my insurers the same day. After a few weeks I heard back from my insurer and they said the claim was deemed to be 50/50. How can this be? I don't understand why my claim is being settled this way when they pulled out in front of me."

- DD

Dear DD,

Insurance claims are complex and involve many variables, not least the fact that even the guilty party might provide a version of events that differs from the reality.

It is possible in this situation that the other party was not entirely honest with their version of events and may have said that you were already signaling left to suggest you were taking the same exit, that you were speeding, or other factors that would suggest you were partially liable.

In situations where both parties are blaming each other a 50/50 liability is not uncommon, particularly if there is little or no other evidence to confirm or deny either version of events.

The situation is not helped by the fact that the collision occurred on a roundabout, where the complicated nature of the road layout and the movement of vehicles makes it harder to determine liability.

You can dispute the decision with your insurer and should they refuse to change their position you have the option of taking it to the Financial Ombudsman service, but ultimately it will come down to the evidence available to corroborate your version of events.

It is a frustrating situation and one that may not have the desired outcome, but in the event of a collision it is wise to assume that the other party will not take responsibility, even if they say otherwise at the time. It also proves just how invaluable a dashcam can be.

Ask HJ

Do I need to tell my insurer of damage to my car even if I get it repaired myself?

I unfortunately very gently bumped into the back of a car. On inspection there wasn’t any damage to the car, but there was a little damage to mine. The other driver had to take particulars of my insurance as his car was a hire car. I will get my car fixed privately as I don’t want to go through the insurance. My question is, will the hire company contact my insurance company? And if I don’t tell the insurance company will it still affect me financially going forward?
It’s important to ensure your insurer is aware of any incident involving your car, and you will be required to report this under your policy. As the other vehicle was a hire car, it’s possible that the hire company would pursue a claim - even if no damage was visible at the time. So it’s best to be honest about everything with your insurer.
Answered by Rhydian Jones
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