Minor accident - who's at fault

[DTB77]

I had someone bump in to me on the way home today, and looking for guidance on liability - in the eyes of an insurance company / law rather than people's opinions on a moral perspective please (although I'm sure I'll get both!).

I'm going to keep the details pretty vague as its the principles I'm after rather than technicalities...

So in essence, I was on a off-motorway roundabout, in the left hand land, but turning right. My opponent was in the right hand lane, turning left. I was ahead of them and they clipped the rear-side of my car (on the wheel arch) as they tried to come off and I tried to carry round.

I travel that route regularly and cars always go right from the left hand lane. I've never seen anyone turn left from the right hand lane. However, they claimed that the road markings allowed them to turn left and my lane was only for turning left too. I've subsequently been on google maps and it would appear that, on the basis of the road markings, they are correct, I was in the wrong lane, she was in the right, I accept that.

However, I was ahead of her and perhaps she has a duty to anticipate the traffic and avoid me, coming from behind. Neither of us were indicating.

So the question is (and I'd prefer experienced opinions please - i.e. People that have been in similar situations, lawyers), in the eyes of the law / insurance company and the based upon the deliberately limited details I've provided, where does fault lie - being in the wrong lane, or driving in to someone that was ahead of you? Speeds were slow and there was no sudden movements.

Thanks

[DTB77]

My hunch is 50/50 and it's not worth either of us claiming - we might as well suck it up and pay for our own damage (mine is worse, she seemed fairly ambivalent to the slight damage to her car)

[DTB77]

Dromedary66 said:

Why? If you posted up the google streetview then I suspect a consensus would be reached.

Consensus on PH? Never

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)

I've just been out to look again at the damage and it is relatively minor so on reflection I'll probably let it drop and I get the sense they will too

Edited by DTB77 on Wednesday 3rd February 22:45

[DTB77]

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...