Had a bump on a roundabout - advice needed

[smithyithy]

Need some advice from any insurance bods and/or anyone with a similar experience.

Leaving the services near my work today at lunch. The exit road splits in two with a give-way line. I'm stopped in Lane 2 which is marked as straight over to the M54. Guy on my left is the Lane 1 which is signaled left only, down an A-road to the local town.

We both pull away at the same time, I stay in my lane and he comes right across my lane / path and we hit. He follows me back into services, park up, photos, exchange details and speak to our insurance.

Now Churchill tell me I can get mine repaired if I pay my excess of £550, which I'm not prepared to cough up up-front. She says I can delay the repair while liability is determined but as it's on a roundabout it often goes 50/50.

The guy was Chinese, in a rental Mazda 4x4, from London - so I'm assuming unfamiliar with the car size / visibility and the roundabout layout / local area. I've used this roundabout 5 - 10 times a week for over a year in the same way without incident, in fact this is the first claim I've ever made in my 7 years driving, but anyway...

He didn't 'admit' fault, he did apologise as if he was to blame but his English wasn't great and I've no idea what he'll say when my insurance contact him.

I have to wait for an accident form in the post from Churchill to send back with a full account of the bump etc. but in the meantime have sent them an email description, photos of our cars and map / streetview / diagram etc of the location.

So with this in mind, what are my chances of not being bent over for £550 for an accident that wasn't my fault?

[shandyboy]

Without reliable witnesses or dashcam footage I'd say slim to none.

Is there CCTV anywhere near that you could use as proof they moved into your lane?

[thelawnet]

smithyithy said:

Need some advice from any insurance bods and/or anyone with a similar experience.

Leaving the services near my work today at lunch. The exit road splits in two with a give-way line. I'm stopped in Lane 2 which is marked as straight over to the M54. Guy on my left is the Lane 1 which is signaled left only, down an A-road to the local town.

We both pull away at the same time, I stay in my lane and he comes right across my lane / path and we hit. He follows me back into services, park up, photos, exchange details and speak to our insurance.

Now Churchill tell me I can get mine repaired if I pay my excess of £550, which I'm not prepared to cough up up-front. She says I can delay the repair while liability is determined but as it's on a roundabout it often goes 50/50.

The guy was Chinese, in a rental Mazda 4x4, from London - so I'm assuming unfamiliar with the car size / visibility and the roundabout layout / local area. I've used this roundabout 5 - 10 times a week for over a year in the same way without incident, in fact this is the first claim I've ever made in my 7 years driving, but anyway...

He didn't 'admit' fault, he did apologise as if he was to blame but his English wasn't great and I've no idea what he'll say when my insurance contact him.

I have to wait for an accident form in the post from Churchill to send back with a full account of the bump etc. but in the meantime have sent them an email description, photos of our cars and map / streetview / diagram etc of the location.

So with this in mind, what are my chances of not being bent over for £550 for an accident that wasn't my fault?

It will be much more than £550 by the time you get next year's nicely inflated premium I should think....

Are you saying that essentially you went into the back of him, albeit because of his driving?

I would dispute liability, not sure what the hire company would do, if you are lucky they will blame the hirer, but I would expect a 50/50.

[smithyithy]

shandyboy said:

Without reliable witnesses or dashcam footage I'd say slim to none.

Is there CCTV anywhere near that you could use as proof they moved into your lane?

No witnesses, he had 2 passengers.

There's ANPR cameras but they're further into the services entrance, they don't cover the roundabout.

[smithyithy]

thelawnet said:

It will be much more than £550 by the time you get next year's nicely inflated premium I should think....

Are you saying that essentially you went into the back of him, albeit because of his driving?

I would dispute liability, not sure what the hire company would do, if you are lucky they will blame the hirer, but I would expect a 50/50.

His driver's side wing hit my passenger wing. Even if he was aiming for the same exit as me, there was no reason for him to cut into me so early into the roundabout other than terrible judgment / discipline.

[lufbramatt]

Been in the exact same situation. Was offered 50/50, I declined this and it went to court. Middle aged, female judge sided with the little old lady in the other car and it went against me (24 year old bloke in a modified car). No witnesses so she argued I was driving too fast, as it was my word against hers that was that.

Should have taken the 50/50...

[smithyithy]

lufbramatt said:

Been in the exact same situation. Was offered 50/50, I declined this and it went to court. Middle aged, female judge sided with the little old lady in the other car and it went against me (24 year old bloke in a modified car). No witnesses so she argued I was driving too fast, as it was my word against hers that was that.

Should have taken the 50/50...

That's ridiculous. But if we're going that route:

25(almost)-year old in a relatively valuable car with no prior claims or convictions that uses the roundabout / road on a daily basis.

Chinese guy, similar age with 2 passengers in a large rental vehicle travelling miles away from London with probably no idea where they were going.

[saaby93]

Any idea how much to repair? Is it just a matter of getting a replacement wing?
But dont let on you're prepared to sort yours out or you'll end up with the whole bill

[Sir Bagalot]

On 50/50 does that mean you get back half your excess?

[smithyithy]

saaby93 said:

Any idea how much to repair? Is it just a matter of getting a replacement wing?
But dont let on you're prepared to sort yours out or you'll end up with the whole bill

Annoyingly on these Mini's, there's a lot of panels in a small area. So the 'wing' and door are damaged, the indicator and surround, the plastic arch trim is scuffed, the wing mirror cap is scuffed and the folding mechanism may be iffy, and if you see the bottom left corner there's now a bulge in my sidewall presumably from where his large tyre tread contacted my sidewall.. Doesn't look cheap

[saaby93]

Lot of work there but not too deep
Was it his front or rear wing?

[smithyithy]

saaby93 said:

Lot of work there but not too deep
Was it his front or rear wing?

Bigger / taller vehicle obviously fared a bit better..



Now I'm putting off the body repair until liability is sorted, but I'm gonna want to get the tyre replaced as that bulge is a bit unsettling! How do I go about this, I mean do I just inform my insurance that I'm replacing it as a safety concern but still expect it to be claimed back through the insurance when the claim is settled?

I don't want them to take me replacing it as an offer to pay out of my excess, if that makes sense..

[parabolica]

Sir Bagalot said:

On 50/50 does that mean you get back half your excess?

AFAIK 50/50 means both parties pay their own excess and no blame is apportioned.

I had a bump on a roundabout where someone unfamiliar with the area strayed into my lane; 2-lanes turning right - he assumed I was cutting him up but in actual fact I was making a legal maneuver.

Despite dashcam (front facing only, he hit me in the rear effectively PIT'ing me) colour photos of damage, where each vehicle ended up sitting and photos of the road signs and markings on approach, the decision was 50/50. "It happened on a roundabout sir, they always go 50/50"

Edited by parabolica on Monday 11th May 15:40

[johnS2000]

parabolica said:

Sir Bagalot said:

On 50/50 does that mean you get back half your excess?

AFAIK 50/50 means both parties pay their own excess and no blame is apportioned.

I had a bump on a roundabout where someone unfamiliar with the area strayed into my lane; 2-lanes turning right - he assumed I was cutting him up but in actual fact I was making a legal maneuver.

Despite dashcam (front facing only, the hit me in the rear effectively PIT'ing me) colour photos of damage, where each vehicle ended up sitting and photos of the road signs and markings on approach, the decision was 50/50. "It happened on a roundabout sir, they always go 50/50"

Exactly the same thing happened to my wife .

Car was repaired within 2 week's .

I was expecting it go 50/50 but the other party was good enough to admit liability .

[saaby93]

smithyithy said:

saaby93 said:

Any idea how much to repair? Is it just a matter of getting a replacement wing?
But dont let on you're prepared to sort yours out or you'll end up with the whole bill

Annoyingly on these Mini's, there's a lot of panels in a small area. So the 'wing' and door are damaged, the indicator and surround, the plastic arch trim is scuffed, the wing mirror cap is scuffed and the folding mechanism may be iffy, and if you see the bottom left corner there's now a bulge in my sidewall presumably from where his large tyre tread contacted my sidewall.. Doesn't look cheap

smithyithy said:

saaby93 said:

Lot of work there but not too deep
Was it his front or rear wing?

Bigger / taller vehicle obviously fared a bit better..



Now I'm putting off the body repair until liability is sorted, but I'm gonna want to get the tyre replaced as that bulge is a bit unsettling! How do I go about this, I mean do I just inform my insurance that I'm replacing it as a safety concern but still expect it to be claimed back through the insurance when the claim is settled?

I don't want them to take me replacing it as an offer to pay out of my excess, if that makes sense..

ok my tuppence
From what youve said about him changing lane and those photos it doesnt need to go through your own insurer. He should have been watching that he wasnt about to drive into the side of you.

Claim direct from their insurer and say you're going to have to change the tyre straight away, get the garage to confirm its state

If you cant sort it out yourself, these people have helped others in the past
http://www.europaconsultants.co.uk/

[smithyithy]

I got in touch with Hertz, his rental company. The first guy I spoke to was very arsey about it, got very defensive and wouldn't tell me if the customer had contacted them, even though I was put through to him by customer services.

They gave me an email address to send a description of the event and photos to, so I've explained what he did and said I was NOT accepting any liability.

But even if I try to claim from their insurance (whoever they use) he still needs to admit fault doesn't he? Churchill should be contacting them on my behalf so I'm just waiting to hear from them now really..

[saaby93]

smithyithy said:

I got in touch with Hertz, his rental company. The first guy I spoke to was very arsey about it, got very defensive and wouldn't tell me if the customer had contacted them, even though I was put through to him by customer services.

They gave me an email address to send a description of the event and photos to, so I've explained what he did and said I was NOT accepting any liability.

But even if I try to claim from their insurance (whoever they use) he still needs to admit fault doesn't he? Churchill should be contacting them on my behalf so I'm just waiting to hear from them now really..

It'll be easier for your insurer to take your no claims and fix it without the hassle of tracking down the other party. Arguing with your own side isnt the easiest thing to do.
What's best for an easy life?

[Davel]

Do the photos show direction arrows on the roads surface for each lane?

Good luck by the way.

[smithyithy]

saaby93 said:

It'll be easier for your insurer to take your no claims and fix it without the hassle of tracking down the other party. Arguing with your own side isnt the easiest thing to do.
What's best for an easy life?

Best is not having to cough up £550 right now to be honest

Davel said:

Do the photos show direction arrows on the roads surface for each lane?

Good luck by the way.

See, even if I was turning right or looping round to re-enter the services, I'd have had nowhere to go, he must've not seen me at all to cut across and hit me that early on the roundabout..

[BL Fanboy]

Seems clear cut to me from those pictures, I would have "thought" they would rule in your favour 100%.

Seems plain that he came across and squeezed you against the roundabout on the inside.

Don't see why you would need witnesses provided the other guy is honest about what happened.

I would be very upset if they used "oh its a roundabout so 50/50" how unfair is that!