Minor accident - who's at fault

Minor accident - who's at fault

Author
Discussion

vonhosen

40,198 posts

216 months

Thursday 4th February 2016
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Hamish Finn said:
vonhosen said:
Roundabouts are notorious for split liabilities, but as I say each case must be looked at on it's own merits.
So it's likely to be 50:50 as everyone else has said?
Firstly not everybody else has said that.
Secondly how can we say in this case? We've heard probably less than half a story thus far.

Kateg28

1,352 posts

162 months

Friday 5th February 2016
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del mar said:
Generally people in the left lane that turn right are either;

Boy racers trying to save 2 mins on their journey by out accelerating the car on their right.

Or

Short women who don't actually know how a roundabout works.

I would guess the op is in the former category - you need a faster car !
There is a roundabout in Hertford where right lane to turn right and left lane is for all routes including turning right. I often use it as the right hand lane, when on the actual roundabout can get blocked by traffic lights for people going further round.

DTB77

Original Poster:

110 posts

131 months

Friday 5th February 2016
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Hello, OP here. Thank you for your comments, particularly those that took the time to provide case law and pictures.

I've already accepted responsibility for being in the wrong lane. The reason I was deliberately short on details was because I was looking for principles of wrong lane v colliding from behind, rather than being judged on my actions by the opinionated PH community, but never mind, this is PH after all!

There is more to the story, but in the light of day, thankfully, the damage wasn't anywhere near as bad as I feared and 'my opponent' seemed less than keen to complicate matters any further (to the extent that they weren't even keen to stop at the scene, which raises its own suspicions).

So honours even, case closed, thanks again for your input...

t400ble

1,804 posts

120 months

Friday 5th February 2016
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Will go 50/50

Red Devil

13,055 posts

207 months

Friday 5th February 2016
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DTB77 said:
I actually don't know how to post up the Google street view but I can tell you where it was so you can satisfy your own curiosity - J20 of the m25. I was coming from the m25 anti-clockwise, trying to go on the a41 north, they were trying to enter m25 anti-clockwise coming from a41 north. As I've said, I now know I was in the wrong lane, but feel she should've still seen me (had an awareness of me)
Where was the point of impact? Was it where the M25 anti clockwise on ramp begins? If so, see below.

I know that junction well and was there on Wednesday taking the very same route you were attempting. The left hand lane on the M25 anti-clockwise slip road has a left turn only arrow for the A41 south. The right hand one almost invariably backs up far more and I have seen many people attempt what you did. It's risky as censored and I have seen many near misses further on round the gyratory.

I'm pretty sure this case will follow Grace v Tanner - i.e. 50/50 - because the other driver was also in the wrong lane. To go from the A41 north to the M25 anti-clockwise the road markings make it clear that she should have been in the same lane that you were actually using. I can't see either insurer wanting to get involved in a bun fight over this.

JacquesMesrine

329 posts

133 months

Friday 5th February 2016
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It's amazing how many are offering up 50/50 as the result, yet that very outcome is normally viewed as insurers carving it up and being shysters.

Bizarre.

4x4Tyke

6,506 posts

131 months

Friday 5th February 2016
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Good on you for taking it on the chin and not weaselling out of it.