# Accident on roundabout, trying to figure out who is in the wrong



## PaddyW (27 Aug 2012)

I was out driving on Saturday evening and approached a roundabout with a BMW beside me. 

I was in the right hand lane, he was in the left hand lane. We came to the third exit, I indicated to the left as I was coming off the roundabout at that one (road markings indicated it was ok to do so). He, however, had different ideas and while still in the left hand lane went to take the 4th exit, and hit me on my passengers side, damaging both doors. 

From what I can see, on the side of the road he was on, markings indicate to go straight on or left, but he claims he was right and I'm wrong. I believe I'm right, as I followed road markings correctly and indicated in good time to show him I was turning off at next exit.

Who would you say is wrong? Obviously insurance has been notified, so will have to wait for the outcome from them, but I am prepared to fight this all the way, as I clearly believe him to be in the wrong.


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## mathepac (27 Aug 2012)

He was in the wrong lane clearly, but that doesn't automatically absolve you from guilt as the expectation is that you will at all times exercise due care and attention, and use your driving skills, observations and abilities in time to stop and/or to avoid a collision.

IMHO, the insurance companies will go "knock-for-knock"and settle on that basis.


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## Billo (27 Aug 2012)

I would say that you were in the right. I am not an expert by any means.
He should have been in the right hand lane until after the third exit.
Have a read of the following :

http://www.drivingschoolireland.com/roundabouts.html

I would agree with mathepac about due care and attention.

Billo


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## wbbs (27 Aug 2012)

Individual roundabouts differ in their markings, it would be nice if they were standard but they are not, some are the reverse of what you would expect.


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## PaddyW (27 Aug 2012)

mathepac said:


> He was in the wrong lane clearly, but that doesn't automatically absolve you from guilt as the expectation is that you will at all times exercise due care and attention, and use your driving skills, observations and abilities in time to stop and/or to avoid a collision.
> 
> IMHO, the insurance companies will go "knock-for-knock"and settle on that basis.


 
Hi mathepac, thanks for the reply. "Knock-for-knock", does this mean 50/50 liability and we both pay each others costs? If so, then that wouldn't really be fair as he was driving a 2007 BMW318 and mine is a 99 Peugeot, so I'd imagine his costs would be far higher?


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## PaddyW (27 Aug 2012)

Billo said:


> I would say that you were in the right. I am not an expert by any means.
> He should have been in the right hand lane until after the third exit.
> Have a read of the following :
> 
> ...


 
Thanks Billo. For the record, I was paying due care and attention. I checked my mirrors, signalled, checked again in mirrors quickly and then went to take my exit. I do not recall seeing him indicate to go right and I most certainly didn't expect him to go right as he was in the left hand lane which is for going straight on or turning left.


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## tallpaul (27 Aug 2012)

Personally I think you are right. Logic would suggest that if you are turning right off a roundabout that you will go into the right hand lane. 

This has happened to me before where I was taking the third exit (i.e. 3 o'clock exit) off a roundabout and was in the right hand lane. Meanwhile a genius arrived beside me attempting to take the same exit but in the left hand lane!! This after he had eschewed exiting from exit 1 and exit 2 which the left lane is obviously for. Let's just say I 'reminded' him of my presence in the loudest way possible...


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## vandriver (27 Aug 2012)

I'm just back from my holidays in Tenerife,and witnessed the way they deal with 2 lane roundabouts.Everyone,no matter what exit they're heading for,stay in the outside lane!


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## PaddyW (6 Sep 2012)

Just a quick update, his insurance company found in my favour. They observed normal flow of traffic at the roundabout in question and were sure that he was in wrong lane and took a wrong turn and that I was fully entitled to do as I did. Now to begin the duel with them!


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## Fatphrog (6 Sep 2012)

That's good to hear. I was in a similar situation in the past where I had to brake sharply to avoid colliding with a driver using the wrong lane on a roundabout. I thought I would have been found in favor of but you never can tell.


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## jhegarty (6 Sep 2012)

You were in the right , but the insurance companies will find some way to make it 75/25.


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## PaddyW (6 Sep 2012)

I was fully sure that they would attempt to do something along the line sof 75/25, but the assessor checked out signposts, lane markings etc and along with normal flow of traffic, they said their client was 100% at fault. Big relief as I have since had awful problems with my neck and am on a cocktail of tablets for pain!


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## mathepac (6 Sep 2012)

Sorry to hear about the neck and the tablets (iPad or Samsung?) good outcome on the liability front though.


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## PaddyW (6 Sep 2012)

mathepac said:


> Sorry to hear about the neck and the tablets (iPad or Samsung?) good outcome on the liability front though.


 
I wish it was an ipad!! A mixture of diazepam, difene and something else!


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## kceire (10 Sep 2012)

PaddyW said:


> Big relief as I have since had awful problems with my neck and am on a cocktail of tablets for pain!


 
you both must of being travelling at some speed to cause neck and back problems form a simplt side bump?


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## PaddyW (10 Sep 2012)

kceire said:


> you both must of being travelling at some speed to cause neck and back problems form a simplt side bump?


 
It's only neck problems? I was doing maybe 35-40 km/h. He hit me hard though, moved my car to the right. I had to pull it back to avoid hitting the kerb.


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## Boyd (10 Sep 2012)

I know you were in the right but that seems pretty fast to be going around a roundabout!


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