RTC... where does fault lie?
RTC... where does fault lie?
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Discussion

GTiTypeR370zCaymanSe92M3Clio

Original Poster:

51 posts

144 months

Friday 27th January 2023
quotequote all
I will stick to the facts.

Vehicle 1, black line, path of travel shown in picture.
Vehicle 2, blue line, path of travel shown.

Who is at fault?
I have my opinion of who is at fault, but I feel that will be at odds with insurance company.

RTC occurs at points where lines cross.

Dark, dry conditions. Light traffic.

w8pmc

3,385 posts

261 months

Friday 27th January 2023
quotequote all
From the above only, i'd be sure the Blue Arrow all day long is at fault.

Looks like the black arrow entered the roundabout from a 2 lane section of road & thus turning right, can use either entry lane (they chose the right hand side one).

Obvs if the black arrow vehicle wasn't indicating right, then that would compound things, however given it appears he was on the roundabout & on the offside when the blue arrow vehicle entered the roundabout, it would suggest clear cut blame belongs to the blue arrow vehicle.

vonhosen

40,597 posts

240 months

Friday 27th January 2023
quotequote all
GTiTypeR370zCaymanSe92M3Clio said:
I will stick to the facts.

Vehicle 1, black line, path of travel shown in picture.
Vehicle 2, blue line, path of travel shown.

Who is at fault?
I have my opinion of who is at fault, but I feel that will be at odds with insurance company.

RTC occurs at points where lines cross.

Dark, dry conditions. Light traffic.
They both have a responsibility to look out for each other.

In the road conditions you describe that should have been easy enough.

Alickadoo

3,288 posts

46 months

Friday 27th January 2023
quotequote all
The good old Highway Code says :-

"When reaching a roundabout you should:
Always give priority to the traffic coming from the right, unless you have been directed otherwise by signs, road markings or traffic lights".

parabolica

6,957 posts

207 months

Friday 27th January 2023
quotequote all
My gut would say the blue car assuming the black car was already on the roundabout, however I'm guessing the ins co has decided the black car was changing lanes to exit the roundabout and therefore at blame? Legally that's usually the tact they take with roundabout incidents like this.

GTiTypeR370zCaymanSe92M3Clio

Original Poster:

51 posts

144 months

Friday 27th January 2023
quotequote all
vonhosen said:
They both have a responsibility to look out for each other.

In the road conditions you describe that should have been easy enough.
I agree, however I have a feeling that the blue arrowed vehicle was going a fair bit faster than was appropriate. Of course this is impossible to prove.

It is quite a small roundabout for the number of exits available.

Bill

57,280 posts

278 months

Friday 27th January 2023
quotequote all
w8pmc said:
From the above only, i'd be sure the Blue Arrow all day long is at fault.

Looks like the black arrow entered the roundabout from a 2 lane section of road & thus turning right, can use either entry lane (they chose the right hand side one).

Obvs if the black arrow vehicle wasn't indicating right, then that would compound things, however given it appears he was on the roundabout & on the offside when the blue arrow vehicle entered the roundabout, it would suggest clear cut blame belongs to the blue arrow vehicle.
That's a lot of assumptions. They could easily have entered the roundabout at the same time and black hared round hitting blue on the rear quarter.

Not enough info given in the OP.



mmm-five

12,073 posts

307 months

Friday 27th January 2023
quotequote all
You'd assume that as 'black' was on the roundabout first, then 'blue' has joined later and not given way...and 'blue' would 100% be at fault.

However, 'black' has to change lanes to exit the roundabout, and the onus is on 'black' to ensure the way is clear before changing lanes.

GTiTypeR370zCaymanSe92M3Clio

Original Poster:

51 posts

144 months

Friday 27th January 2023
quotequote all
Bill said:
That's a lot of assumptions. They could easily have entered the roundabout at the same time and black hared round hitting blue on the rear quarter.

Not enough info given in the OP.
Not proven fact, the black arrowed vehicle was on the roundabout first.

It is believed that the blue arrowed vehicle then entered the roundabout in the wrong lane to turn right. Of course, this can't be proven without admission or CCTV.

Bill

57,280 posts

278 months

Friday 27th January 2023
quotequote all
GTiTypeR370zCaymanSe92M3Clio said:
I agree, however I have a feeling that the blue arrowed vehicle was going a fair bit faster than was appropriate. Of course this is impossible to prove.

It is quite a small roundabout for the number of exits available.
Hard to see how it won't go 50:50 without witnesses.

Mark-C

7,209 posts

228 months

Friday 27th January 2023
quotequote all
parabolica said:
My gut would say the blue car, however I'm guessing the ins co has decided the black car was changing lanes to exit the roundabout and therefore at blame? Legally that's usually the tact they take with roundabout incidents like this.
Is it actually changing lanes off given there are two lanes at the exit point?

If I was in the black car (and indicating both on and off the roundabout) then I'd be miffed at the actions of the blue car but hopefully also watching for it doing just that.

mmm-five

12,073 posts

307 months

Friday 27th January 2023
quotequote all
Mark-C said:
Is it actually changing lanes off given there are two lanes at the exit point?

If I was in the black car (and indicating both on and off the roundabout) then I'd be miffed at the actions of the blue car but hopefully also watching for it doing just that.
Yes.

If it is in L2 of the roundabout, it has to cross L1 to exit...hence changing lanes.

Bill

57,280 posts

278 months

Friday 27th January 2023
quotequote all
GTiTypeR370zCaymanSe92M3Clio said:
Not proven fact, the black arrowed vehicle was on the roundabout first.

It is believed that the blue arrowed vehicle then entered the roundabout in the wrong lane to turn right. Of course, this can't be proven without admission or CCTV.
Which bit of each car came together?

parabolica

6,957 posts

207 months

Friday 27th January 2023
quotequote all
Mark-C said:
parabolica said:
My gut would say the blue car, however I'm guessing the ins co has decided the black car was changing lanes to exit the roundabout and therefore at blame? Legally that's usually the tact they take with roundabout incidents like this.
Is it actually changing lanes off given there are two lanes at the exit point?

If I was in the black car (and indicating both on and off the roundabout) then I'd be miffed at the actions of the blue car but hopefully also watching for it doing just that.
Yeah I would be miffed too, but looking at the photo the roundabout has two lanes around the entire circumference, meaning those on the inside lane have to cross over the outside lane in order to exit.

Dingu

4,893 posts

53 months

Friday 27th January 2023
quotequote all
I would be surprised if liability weren’t split in the real world with likely two quite different accounts of what happened.

Pica-Pica

16,043 posts

107 months

Friday 27th January 2023
quotequote all
There seems to be an oddly-placed yellow box on the roundabout. Was that a contributory circumstance?

GTiTypeR370zCaymanSe92M3Clio

Original Poster:

51 posts

144 months

Friday 27th January 2023
quotequote all
Pica-Pica said:
There seems to be an oddly-placed yellow box on the roundabout. Was that a contributory circumstance?
No, the yellow box is due to a build up of traffic that can occur during the day due to traffic lights about 20 metres down the road from black arrow's intended road of travel.

IMO, blue is at fault, either entirely or in the majority.

I think the insurers will try to split it 50:50, without an admission of fault from blue. I am also trying to get CCTV sorted which would clarify the situation for the insurer.

The costs involved for black are relatively small with more damage caused to blue.

Pica-Pica

16,043 posts

107 months

Friday 27th January 2023
quotequote all
GTiTypeR370zCaymanSe92M3Clio said:
The costs involved for black are relatively small with more damage caused to blue.
The pain of repairs and their costs, means I treat every car with suspicion.

DaveE87

1,149 posts

158 months

Friday 27th January 2023
quotequote all
Bill said:
GTiTypeR370zCaymanSe92M3Clio said:
Not proven fact, the black arrowed vehicle was on the roundabout first.

It is believed that the blue arrowed vehicle then entered the roundabout in the wrong lane to turn right. Of course, this can't be proven without admission or CCTV.
Which bit of each car came together?
This. Who hit who? Point of impact might have a bearing on fault.

PistonBroker

2,693 posts

249 months

Friday 27th January 2023
quotequote all
Bill said:
Hard to see how it won't go 50:50 without witnesses.
Agreed.

Never known a roundabout collision not go 50:50, regardless of how adamant my client is that they weren't at fault.