Been pranged

[chr15gb]

Had the car since Feb and some nutjob crashed into me yesterday.

The other guy was a complete tool, absolutel blamed me for everything and flurried the personal insults at me.
My first crash I've ever had since I started driving in 1986 so I'm pretty annoyed about it.

I am going through insurance but they have warned me that roundabout incidents are nearly always considered a "Shared Blame" so both parties are at fault.
I've attached a schematic and a picture of the damage. I've also written a full statement of what happened.
I don't want to let this drop and accept shared liability but with no previous experience of claiming, does anyone know what else I could do to help prove my case?

Car is being inspected by a body shop in three days time, damage is to the wing, wheel, bumper and door mirror, mostly cosmetic and could by fixed with a few bangs, sand & paint.

 

[madasahatter]

Witnesses would of been good. If i were you i would not go through insurance. Reason been damage is minimal and you will still have a no blame claim against yourself.

Your excess may be more than the damage done. Wheel will be a cheap fix circa £50,00, Wing and bumper does not look to bad. Have you tried thinners 

or compound on the wing? I would say a body shop could sort it out for around £200.00. Failing that buy a second hand wing in colour you may get a good one.

[chr15gb]

I did consider that but as the other driver was in a 17 plate car, he will be claiming against me.
I thought it isn't going to look good if it comes out that I didn't report it straight away.

There were dozens of witnesses but by the time I had got out and had the initial exchange of words, they had all moved on...typical.

[Malc]

just personally negotiating a " non-fault "  claim in my Honda Legend through my insurer's claims handling company.

Just totally deny any responsibility for anything at all to do with the damage, blame the other party totally, refuse a 50/50 settlement even.

In the end, the claims handler's will do what the Expert Vehicle Inspector tells them what caused the damage ( to both vehicles ) and how it occurred and then they will TELL YOU who is responsible and apportion properly the blame % .................. and/or recommend going to Court and a personal appearance or not .......  if your insurance covers that contingency.

Nothing is a cheap fix .......... that wheel will cost you up to £100 to fix alone !  The bumper, wing and door mirror would be up to another £300 ............. if it's simple !

Malc

 

 

[chr15gb]

That's exactly my stance, I've completely refuted any blame.

I think my explanation was good, especially making the guy stand and watch all the other cars going the same way as I had intended afterwards, but the other guy said ALL the other road users were wrong, and he is right.

[Vintagesixtysix]

Unlucky...... these are always a pain in the butt.

Your cars drivable so while not pretty you have time on your side and not racking up hire car costs that can sometimes force decisions that move the process along rather than feeling just.

Agreed witness would have been good... if you are very certain of your position what about a social media appeal for witness.

Stand your ground .... the schematic is a good start your not just going to roll over.

Even if the insurance contact tells you you have no choice.... you have.

Take your time.... there are good resources online like money saving expert etc where people share experiences and tactics etc.

Annoying ... after having a non fault last year myself in another vehicle and being reassured at the time it makes no difference.... my insurer wrote me a lovely letter saying they wouldn't be able to insure me when renewing.

Good luck.

 

 

Sent from my Iphone using Lexus OC

[rayaans]

Looks like you have a pretty good case - from the diagram I can't see that you did anything wrong

In fact, he cut the corner, should have been in the first lane

Always worth pulling out the "I think he's claiming fraudulently" card. Seems to work, especially if he's claimed for whiplash as well

[J Henderson]

Agreed, the other party is 100% at fault and sounds like a proper bell-end. I would've insisted on the Police attending. They would've confirmed he was in the wrong lane, and possibly breathalysed them (they would in Scotland - it's mandatory).

Sadly just another example of bad driving and people not knowing what lane they should be in. I see this all the time, especially on multi-lane roundabouts.

Good luck with the claim.

[bobmc]

I have a dashcam installed in my IS, which I hope would provide supporting evidence in similar circumstances. So something to consider for the future.

Did you take any pictures of both cars after the accident? I know presence of mind is difficult in these circumstances.

Seems clear to me from the diagrams and location of damage to your car, that the other driver has turned into you. If the other car had been a few feet in front of you and made the same manouver and you had driven into him, then I heard that insurers will take the view that you should have been able to stop and are therefore partially liable.

I would like to say I would stand my ground with the insurers but on past experience they will show little sympathy or understanding.

 

 

[Texas]

Looks like the retard was in a hurry to get to McDonalds I reckon..

stand yor ground as you did NOT change lane and tell them (insurance) that you will be willing and most definitely want to go to court and debate this. 

Paul m.

[sorcerer]

Absolutely, categorically, you are right and the other guy is completely wrong - and if your insurance even think of trying to pull the 'shared blame' trick or anything else for that matter, tell them that you expect them to fight for you every step of the way or you'll be taking them to court. They've taken your money and now work for you and if ever a case could be described as 'clear cut' or 'an open and shut case' this is it.

The road markings clearly show that you were in the 'straight ahead or turn left' lane and the other guy was in the 'straight ahead or turn right' lane:

 

[is200 Newbie]

If you have legal protection on your insurance policy shouldn't this be enough to pursue the claim against the other driver. Agree with Phil above, its still driveable so you can take your time to get this resolved.

What was the damage to the other car?

[paulrnx]

My daughter is still fighting a claim against a retard on a motorbike who hit the back of her car and careered down the side and hit the wing morror and then somersaulted over her bonnet as she was coming to a stop behind traffic on a dual carriageway coming up to a roundabout. Happened last July. Police attended the scene and ambulances and despite the Police Report stating the rider was at fault the rider still claimed my daughter was at fault. Close to going to court now and suspect the rider's insurer will settle in full before going to court. Luckily my daughter was fully comp with legal cover but it still takes time. Some people will just never admit they were in the wrong and will fight tooth and nail to the end.

Get photos of the junction. Film traffic using the junction in the correct way using the correct lanes. Keep a log of all conversations and keep a record of all emails and claim forms etc. Just stick it out and hopefully both insurance companies will come to their senses and agree that the other driver was at fault. The Insurance industry is imo a little corrupt though and insurers often collude to agree a knock for knock settlement because it reduces their risk and costs. My daughter's insurance company initially suggested a knock for knock settlement which was unbelievable given the circumstances. Good luck, hope you get the result you deserve.

[steve2006]

Many years ago (20 plus) I was involved in a similar accident local to me when I was on a roundabout in the left lane intending to take the 2nd exit i.e.straight on. A HGV driver in the outer lane made the same approach but then decided to take the first exit onto the M1.

After the initial collision I was then forced to take the slip road not the M1 or be crushed by the trailer, both stopped on the slip road hard shoulder, called the police and details were taken.

The insurance tried a 50/50 blame on me but I told them where to go, eventually my excess was recovered from the other party.

Stick to your guns and do not admit any liability for this one.

[Bluesman]

6 minutes ago, steve2006 said:

Many years ago (20 plus) I was involved in a similar accident local to me when I was on a roundabout in the left lane intending to take the 2nd exit i.e.straight on. A HGV driver in the outer lane made the same approach but then decided to take the first exit onto the M1.

After the initial collision I was then forced to take the slip road not the M1 or be crushed by the trailer, both stopped on the slip road hard shoulder, called the police and details were taken.

The insurance tried a 50/50 blame on me but I told them where to go, eventually my excess was recovered from the other party.

Stick to your guns and do not admit any liability for this one.

I.m with Steve on this dont let them beat you into submission, not a single % was your fault.

[dougie175]

Agreed stick to your guns the damage to your car is not fixable with thinners and £50 on a wheel unfortunately, there is potential suspension damage from an impact like that, and I would say over £1000 worth of bodywork damage minimum without completing an assessment. 

[Texas]

11 hours ago, chr15gb said:

I did consider that but as the other driver was in a 17 plate car, he will be claiming against me.
I thought it isn't going to look good if it comes out that I didn't report it straight away.

There were dozens of witnesses but by the time I had got out and had the initial exchange of words, they had all moved on...typical.

"Claiming against me" how exactly? You never changed lane and ask them ( your insurance co who you have paid to work for You ) what exactly you have done wrong to be any way to Blame for this coming together.

lane discipline is severely lacking these days especially by immature drivers who don't see it as a major problem!!!

paul m.

[chr15gb]

2 hours ago, Texas said:

"Claiming against me" how exactly?

Because he claims both the left and middle lanes go into the Retail park (single lane entry). He claims to go onto the A174 you need to be in the right hand lane, and turning right.

Guys a lunatic but with my persistance of trying to explain, and watching all the other road users going the way I stated, he remained adamant both me, and all the cars going onto the A4174 are wrong, ALL OF US.

Thanks for all the replies, I know I am right but it is still nice to get comforting words of support.

Filming the roundabout in action is a good idea, I will do that tomorrow and upload it to Youtube, then send the Insurance company the link.

I have been cut up at that place before with some woman doing the same thing but as it happened in front of me I could brake in time.
This nutter came from behind me though, my car was right in front of him but he still did it.

Here is the damage to the other car. the bumper is cracked although it looks like a scuff in the picture.

 

A few others of the damage to mine. Doesn't show in these but my wing is bent right on the top edge up where the bonnet shuts.
Pictures don't really come out too weill due to the colur of the car, too many reflections.

 

[chr15gb]

Found a Youtube clip already showing the cars going the same was as I tried to. I was going exactly as the camera car

 

[juicestop]

All the best with the claim. However, even if you are proved correct your insurance premium will go going up that extra bit more as you've made a claim. This is how it works whether it's your fault or not. I had a claim 4 years ago, was proved right but it still stays on your record for 5 years! What a rip off. This is the case as soon as you inform your insurance company of the accident, whether you make a claim or not.

[NemesisUK]

How is it a rip off? It's all there in the policy T&Cs which you read and agreed to before signing.

You will also find they require you to inform you insurers in the event you are involved in an accident, whether you're to blame or not.

[Malc]

I would hesitate to suggest that your own repair is an insurance job at @ £1000 ........  but if you wasn't to claim for your repair costs and just paid out a local bodyshop guy it might get down to @£150 with a bit of persuasion and a bottle of scotch !  ( what's your excess I wonder )

Swap the bent wheel for the spare ( if you have one the same ? )  and make zero claim on your own insurance IF the other guy is accepted as being 100% at fault.

A pain in the butt I know but you've got to play those insurers at their own game, they will push you into the best situation for them, whether or not it's in YOUR best interests.

Malc

 

[chr15gb]

Excess is £300.

I guess it boils down to being able to claim back my excess, whcih depends on him taking 100% liability.

If it goes 50/50 then I am better off getting my own quotes and sucking back out of the claim but then I have a claim against me anyway. Lose/Lose.

[royoftherovers]

I would not attempt to justify your position Chris.

It is up to the other driver to explain why he took up the wrong position on the Road, contrary to clearly defined road markings and contrary to the advice given in the Highway Code.

Good luck.

 

Regards

John

[sorcerer]

2 hours ago, NemesisUK said:

How is it a rip off? It's all there in the policy T&Cs which you read and agreed to before signing.

You will also find they require you to inform you insurers in the event you are involved in an accident, whether you're to blame or not.

Weasel words Peter. You're not a lawyer by any chance, are you?

It's a rip off because it's a legal necessity and the insurance companies can put any requirements, terms and conditions in there knowing that we have no alternative but to accept them if we want to be able to drive.

I have obviously not read the Ts & Cs of every insurance company in existence but I'd bet a month's wages that each and every single one of them will have a clause in the small print that says your premiums will increase whether the accident is your fault or not.

You only need to look at the original post to come to the conclusion that insurance is a rip off in many ways. It only happened yesterday and already, even at this very early stage in the proceedings, with Chris having paid for his insurance and being 100% blameless in this accident, they are even now preparing the ground to at least partially evade their responsibilities. From the initial post:

" I am going through insurance but they have warned me that roundabout incidents are nearly always considered a "Shared Blame"