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Some guy just crashed into me. Whose fault do you think it is?
smart51 - 4/11/09 at 05:48 PM

On my way home this evening some guy crashed into me. Here is an old photo of the island in question Multimap Link.

New description

I hope this is clearer. I was approaching the island in the link from the south, in the right hand lane of 3 lanes. The left lane most lane was marked as turning left only with painted arrows on the road. There was a short queue of slowly moving traffic in the middle and right hand lanes. The car in front of me pulled on to the island and after checking the road was clear, I pulled on to the island too. To my left, a car pulled on to the island but slightly later than me. My intention was to go straight on to the right hand lane of the dual carriage way in front of me.

After passing the exit to my left, I indicated left and continued towards my exit. I noticed the car to my left was rapidly moving closer to me so I swerved to my right. Despite this, the car to my left hit me.

Whilst exchanging details, the other driver explained that he was turning right and always turned right from the middle lane. He believed himself to be correct in this.

The damage to my car is the LHS front wing, front wheel and tyre, slight damage to the passenger door and marks all along the LHS of the car.


Original description



We were both travelling from the south on this map and collided where the circle is.

The road I was on is a dual carriageway with a 40 limit. The road going across the island is a single carriageway. The 2 lines divide into 3 at the island. The left hand lane is marked turning left only by arrows painted on the road. I was in the right hand lane heading straight on for the right hand lane of the dual carriageway. The car in front of me rolled almost to a stop then pulled onto the island, indicating right. I then pulled onto the island. The car to my left, who was slightly behind me also pulled onto the island. Passing the last exit, I indicated left and headed for my lane. I noticed that the car to my left was driving at me so swerved to the right but I was hit by him. He wanted to turn right, he explained, saying that he always turns right from the middle lane at this island.

We swapped details but he insists he was correct in turning right from the middle lane. I think he was wrong and should have been in the right hand lane. I also think that both middle and right hand lane are good for going straight ahead. Which is true?


[Edited on 4-11-2009 by smart51]


mistergrumpy - 4/11/09 at 05:51 PM

That's a map of Britain mate.


r1_pete - 4/11/09 at 05:53 PM

So you swerved and hit the car in front of you??


smart51 - 4/11/09 at 06:01 PM

quote:
Originally posted by r1_pete
So you swerved and hit the car in front of you??


No, I swerved away from the car to my left who was trying to turn right. Despite this, he still hit me.


iscmatt - 4/11/09 at 06:07 PM

Ah, you mean round about when you say island! Yeah, middle and right hand lane for going straight and just right for going right.

It has taken me about 15 mins to work out what you were on about from your description though!!


Richard Quinn - 4/11/09 at 06:09 PM

I was witness to a similar incident on a roundabout by us. The exchanging of details became quite heated and the police were called. The advice from the copper was to be aware of who is where and who is likely to do what and to be prepared to give way even if you consider yourself to be in the right. Not very helpful in your case but I got the impression it would've just ended up going knock-for-knock.


tandi - 4/11/09 at 06:12 PM

I agree the middle lane is for straight on unless roundabout marking suggest otherwise, this one doesn't. The fact that you indicated and the other driver drove into you means it should be his fault I would have thought?


Hellfire - 4/11/09 at 06:14 PM

The way I understand it is that if you are changing lane then it is your responsibility to exercise caution, if a collision occurs as a result of this manoeuver you are in the wrong. The person who remains in the unmarked lane has right of way.

Phil


MikeR - 4/11/09 at 06:15 PM

sounds like you're technically right.....

bet the insurance will go for an easy life.....



Hope the damage isn't too great. I've got into the habit of looking to me left on roundabouts after having a few close calls with people in the left hand lane (only two lanes) going right. Really pee's me off. Had it tonight with ..... highways traffic officer


BenB - 4/11/09 at 06:17 PM



Depends totally on the road markings and sign posts.

It sounds like the left lane is turn left only. If the other two lanes are unmarked then one has to assume it's a free-for-all. If the middle lane is marked as straight on only then you can claim he was in the wrong lane (though the insurance company could say you should be on the look-out for idiot drivers).

It's bad luck. I'd so you where clearly in the right lane and logically he wasn't. If he turns right into a single carriageway from the middle lane then he's a gimp. But as said above the insurance company will say you should have spotted him doing stupid things.

Some wally in a Merc did exactly the same thing to me the other day where the North Circular meets the A41. Almost smashed me off the road Luckily I spotted him in time....

the really fun one was when I was on a moderately large motorway exit roundabout and had to cut across three lanes from the outside lane just as the person on the inner lane decided to do the opposite! What fun we had. We did almost both try to go into the middle lane just at the same time


turbodisplay - 4/11/09 at 06:18 PM

You are in the right. I had a similar thing with me in the middle and an idiot in the left wanting to go stright ahead, i just nipped arround him. He was flashing at me still not realising he was in the wrong.
Darren


omega0684 - 4/11/09 at 06:20 PM

he should have been in the right hand lane if he was taking the third exit & head down stonehouse lane

approaching from barnes hill the left hand lane is left only the middle and right lane can be used to go straight onto the duel carridgeway (B4121) and the right lane should be used to turn right only.

if he says he always uses the middle lane to turn right then he has always been driving incorrectly!

HTH's


woolly - 4/11/09 at 06:45 PM

from the south togo to the east stonehouse lane - he should have been in the right hand lane before entering the roundabout.
get the highway code out and prove it to him.

woolly


smart51 - 4/11/09 at 06:46 PM

My understanding of the highway code is that if you want to turn right, you should approach in the right hand lane indicating right unless otherwise marked. In this instance, you must only turn left from the left hand lane. The highway code says you must choose the most appropriate lane for all intermediate exits, only straight on in this case.

From this I believe the middle lane is for going to the left hand lane of the second exit. The right hand lane is for going straight on in the right hand lane of the second exit, for turning right or for doing a U turn.


r1_pete - 4/11/09 at 06:52 PM

Yes he is definately wrong, going right round the roundabout in the left lane is against highway code, generally the reserve of flat cappers...

Have to agree though the insurers will try to take the easy option and pull the 'we have a 50/50 agreement with that insurance co.' You'll need to fight it, it can be done, dont forget the choice of legal representation is yours you don't have to go with the insurers appointment.


Hellfire - 4/11/09 at 06:54 PM

Were the lanes on the roundabout marked and were either of you changing lanes?

Phil


oldtimer - 4/11/09 at 06:55 PM

He was surely in the wrong lane, you were in a lane that could be used for a right turn so he incorrectly thought you were turning also. I also think insurers may try and implicate you by saying the safest lane to approach on was the middle lane, which would also have prevented this accident happening. You have done no wrong but the insurers might say you could have been more right!


smart51 - 4/11/09 at 07:02 PM

quote:
Originally posted by Hellfire
Were the lanes on the roundabout marked and were either of you changing lanes?

Phil


The lanes on the roundabout are not marked, only the lanes leading up to the roundabout. The picture in the link is slightly out of date. The island was resurfaced about a year ago and the hashed yellow box was not repainted.

As there are no lane markings on the roundabout itself it is hard to say if one or both of us were changing lanes. I contend that I approached in the right hand lane and intended to exit in the right hand lane going straight ahead. I therefore did not change lane at any time. Given my view that the middle lane should only be used for going to the left hand lane of the second exit, I believe the other driver did change lane.


02GF74 - 4/11/09 at 07:09 PM

^^^ all of that is far too complicated.

if the lanes are marked, it makes no difference if there are arrows teliing to go left/right stright on but if you change lane, then it is your responsiblity to ensure that you don't drive into some one.

so from what I understood of the descritpion, it is the other driver who moved out of his lane into your car. end of.

if you are in the right hand , eventually you wantto leave the roundabout so will have to corss lanes so make no odds what the arrows are saying.

obvioulsy if you are in the left hand lane and arrows say go left, then it still should be possible to go round the roundabout if you are able to to so withiout coilissions.


Hellfire - 4/11/09 at 07:25 PM

Yeah, sounds to me like the guy who drove into you was in the wrong.

Phil


Worzey - 4/11/09 at 07:46 PM

Sounds like it will be a knock-for-knock settlement in your case.

I got caught a few years back. Three lanes onto a round-about. Me in the right lane turning right.

The guy in the left lane moved into the middle. The guy in the middle swerved into my lane and braked to avoid idiot in the left lane. I drove into the guy who moved into my lane.

Guess what? I was blamed because I hit the other car from behind dispite having nowhere to go!!!! Go figure!


SteveWalker - 4/11/09 at 07:58 PM

As the left lane is for left turn only, you can disregard it. Therefore you have two lanes (the middle and the right) and should be using the middle or right for straight on and the right for turning right.

From what I've heard, most insurance companies cannot be bothered with the hassle and automatically go 50/50 on roundabout accidents unless pushed very hard.


Peteff - 4/11/09 at 08:07 PM

If he hit you he obviously wasn't looking where he was going and it's his fault due to his inattention as well as being in the wrong lane. Ask him if anyone else has ever got in his way ?


dhutch - 4/11/09 at 08:15 PM

I have to admit i also think that the other driver was certainly not driving how i would.
- However, if the right and middle lane where not marked (on the left, left only) he may not actually be techincaly in the wrong? Not sure.

However, if he hit you, while you where taking avoiding action and where ahead of him (latter may be shown in marks on car?) that would be the line i would be pushing.

To me, the real cock up, is the poor marking of the roundabout. You would in my mind be an idiot to use the middle entry lane to go right. But the round markings imo should show that. Left for left only, middle for stright on only, right for right and stright on (given there are two exits)

Although often it would be left for left and stright on, middle for straight on only or stright and right, right for right only. Which may be half the confusion.


Is this a newer image of the roundabout (2008)?
- Seam to still show box, but seems newly resurfaced.
http://maps.google.co.uk/maps?f=q&source=s_q&hl=en&geocode=&q=52.444754,-1.976788&ie=UTF8&ll=52.444882,-1.977088&spn=0.001 166,0.002309&t=k&z=19



Daniel

[Edited on 4/11/2009 by dhutch]


roadrunner - 4/11/09 at 08:37 PM

Just for argument's sake say the middle and right lanes are not marked giving as said a free for all on the roundabout, this means that if you are in the right lane to go straight on and Jo dick is in the middle lane and he wants to go right, imagine the amount of accidents that would come from a stupid idea . Your right he's wrong, but will the insurance companies see it that, who can tell.


smart51 - 4/11/09 at 08:54 PM

quote:
Originally posted by dhutch
Is this a newer image of the roundabout (2008)?
- Seam to still show box, but seems newly resurfaced.


The turning left arrows on the left hand lane of Barnes Hill were only reinstated last week (a fact that the other driver volunteered and that I also knew). The picture must either be less than 1 (or 2) weeks old or more than 3 years old.


I'm glad that you generally think I wan't being stupid but I'm cursing insurance companies for taking things 50/50. I'll certainly fight it if they suggest it. Given that I've paid for legal protection with my insurance, I'll make sure they use it if it comes to that.


JoelP - 4/11/09 at 09:01 PM

Anyone with any sense would see it as right lane for right, especially as California Way is a single carriage road. What a fool. In your favour is the fact that its obvious to any competent driver that the right lane is for turning right, unless marked otherwise. Plus, i guess he was slightly behind you (would be good evidence if your front wing was undamaged), hence should've avoided the collision.


bmseven - 4/11/09 at 09:04 PM

Click for Highway code - Roundabouts


macspeedy - 4/11/09 at 09:10 PM

makes me angry how most people dont know how to use roundabouts

his fault for sure


smart51 - 4/11/09 at 09:32 PM

Here are a couple of pics. First the front wing. The epicentre seems to be behind the front axle line. Note how he dented my wheel, punctured the tyre and lost the (both) wheel trims.

Image deleted by owner

Then look at the rear. The black line under the rear window is actually a dent with black stuff smeared in it. His wing mirror?


Image deleted by owner

I'll take some more pictures in the daylight. I just didn't want the rain to wash off too much evidence.


morcus - 4/11/09 at 11:28 PM

Thats the big problem with roundabouts, too many people either don't know how to use them or use them wrong on purpose. ast time I drove into the town centre I got stuck behind someone who got in the left hand lane and idicated right at every round about (4). You got idiots who get in the wrong lanes, other idiots who indicate badly and others that don't think they have to stop (I've had to stop on roundabouts before because some idiot has pulled out infront of me and not even bothered to accellerate.

The lanes (Unless otherwise marked) are simple, Left lane for going anything upto straight across, anything else is the right hand lane. According to BSM teaching you should only use a middle lane on an unmarked round about if your going straight on and everyone in the first lane is indicating left (Apparently its law).


RK - 4/11/09 at 11:28 PM

I think the insurance, being what it is, will go 50/50. Just the easiest for them, and it won't matter who is correct. Unless, you obviously cut him off, leaving him no choice but to run into you, it looks like he ought to have paid a little more attention, and not been so aggressive.

Other than that, I know nothing about your rules on those roundabouts. I felt pretty lucky I only had one person honk at me when I was driving around over there (I am sure it was all my fault), and we did MANY roundabouts near London. We don't have many over here, and they are always a bit of a nightmare at rush hour "Oh, you're already on the way around; I think I'll just cut you off so I can get home faster. I have more rights than you, and have to go to the bathroom".


clairetoo - 4/11/09 at 11:28 PM

Sounds like he may have had my first driving instructor - he shouted at me for taking avoiding action , just because I was technically in the right.........this guy seems to have carried on regardless , and rammed you because he believed he was right


smart51 - 5/11/09 at 08:03 AM

quote:
Originally posted by clairetoo
Sounds like he may have had my first driving instructor - he shouted at me for taking avoiding action , just because I was technically in the right


So did my driving test examiner. He said he passed me despite taking evasive action


JUD - 5/11/09 at 08:25 AM

Think the insurance would go knock for knock. They may bank it up with the opposing insurer and trader it against another they have in hand with them.

The thing I don't understand is the fact that on such a roundabout you wouldn't be going that fast which would mean you had longer reaction times. Surely if he used that approach all the time he must have had near misses before - since I, like most here would have done exactly what you did. If this is the case then he couldn't have been paying much attention - he hit you in the front arch which means you were clearly visible out his drivers window. It almost seems as though he was on autopilot and turned into the roundabout to turn right from the middle lane without a clue if anybody was there. Presumably the left hand lane of the straight on direction was empty and he could have easily used that as an "escape road".

Undue care and attention on his part I say!

Martin


Benzine - 5/11/09 at 08:30 AM

must... resist...



must...



can't...

anyone who crashes into a micra is in the right XD

sorry! just joking ofc, sucks to be hit. Seriously though, the other driver is wrong, being in the left lane to go right is plain mental.


smart51 - 5/11/09 at 08:46 AM

quote:
Originally posted by Benzine
anyone who crashes into a micra is in the right


No Micras here. (It's a Peugeot!)


Benzine - 5/11/09 at 08:57 AM

Ahh fair enough, that first pic looks a lot like the newer style micra is it one of those peugeots that looks like John Prescott from the front?


morcus - 5/11/09 at 02:04 PM

My first thought was nissan (Note, it has a front in a simillar shape) then I figured it was a citroen C1, so I guess I was sort of right.

I haven't re-read so this might be wrong but you were going ahead? If so you could have been doing the speed limit (I've got a simillar sized car and can turn a sharp right on a mini roundabout at 38(On my sat nav) without hitting the white bit or the curb).


smart51 - 24/2/10 at 10:05 AM

I phoned Direct Line today, 16 weeks on from the crash. They've decided that the other driver was uninsured. Now that I've rung them, they're going to write to the TP giving them 14 days to settle the claim before legal proceedings are taken to recover the costs. During this 16 weeks, they've written 3 letters and seemingly nothing more. Am I being unreasonable to expect a little more movement from an insurance company than this?

Also, given the guy who crashed in to me was a young lad in a 12 year old rover, what are the chances of him being able to pay for the claim? I bet he gets off lightly for driving without insurance too.


Kwik - 24/2/10 at 04:36 PM

quote:
Originally posted by smart51
Am I being unreasonable to expect a little more movement from an insurance company than this?


i guess insurance is a bit like the post office, your not aloud to claim the parcel is lost until 28 days after its posted... they might need to wait a certain amount of time untill there aloud to take any real action against the other driver


MikeRJ - 24/2/10 at 06:41 PM

quote:
Originally posted by smart51
I phoned Direct Line today, 16 weeks on from the crash.


You have my sympathies, insurers seem to work a snail speed.

A friend of mine had a woman in a Ka pull out in front of his Mondeo some years back, and it spun the car after clipping her and slammed him sideways into a lamppost. Needless to say the Mondeo was very banana shaped and he was none too healthy afterwards and still has back problems. The insurers took over 2 years to pay out for that, but then again he never "hurried them up" with regular phone calls and letters which I said he should do.

This is where the accident management companies score. They are undoubtedly raising peoples premiums with the amount of money they take from insurers, but the insurances companies certainly move a lot faster when there is a third party billing them for their time.


JoelP - 24/2/10 at 08:34 PM

quote:
Originally posted by smart51
Also, given the guy who crashed in to me was a young lad in a 12 year old rover, what are the chances of him being able to pay for the claim? I bet he gets off lightly for driving without insurance too.


i wouldnt be suprised if he didnt get prosecuted anyway, i had a similar situation and the cop i rang said it was a civil matter as we had exchanged (incorrect) details at the scene. The bugger never coughed up either