RTC on round about.. who's fault ??

[lisa88]

Hi there, im not sure if i am in the right forum for this topic but would appreciate some advice.
I was travelling to work when i exited the M1 at J29. My intention was to go straight ahead taking the second exit. I was in the right hand lane. Entering the roundabout travelling at approx 25 miles per hour. Both lanes allow you to exit onto the A617. However, when i was just beginning to take my exit, a van entered the roundabout and collided into the side of me pushing me into the curb of the central reservation. He firstly told me it was my fault as I wasnt indicating, yet i was in the correct lane, i didnt cross lanes and i was already established on the roundabout

In addition, he accelerated to (must have been) around 10-15 miles per hour as he had to cross the outside lane before colliding into me, so he effectively had enough time to stop . Am i to blame for not indicating ?

[ChuckFickens]

No, it's not you in the wrong. the van driver is in the wrong, regardless of if you indicated or not he shouldn't have pulled out unless it was clear to do so.

[jackthehat]

No.
You were already on the roundabout......you had right of way.
He should not have proceeded until it was absolutely clear and safe for him to so do.

[lisa88]

thank you all so very much indeed, your comments have been most helpful .

[ChuckFickens]

The road markings make it look even clearer that he was in the wrong.

https://maps.google.c...,0,0.5942927639648872

[jno]

cars don't have indicators pointing straight ahead, so you can't be "failing to indicate" if that's the direction you're going and you're in the correct lane for it.

[Hopkirk]

Your account contains contradictions which make me feel a little differently to other posters here.

You say you were starting to make your exit, which to me suggests you were moving out of the right hand lane. The google pictures also show you must have been doing that.

However you also say you didn't cross lanes.

Which was it? I don't see how you can 'start to make your exit' without crossing lanes.

If you really were exiting the roundabout from the right hand lane without indicating, then you must at least share the blame.

[lisa88]

if you look closely yes, i was in the right hand lane, however, both lanes ( if you look at the road markings, e.g. the centre white line) takes you onto the A617. The centre line does not continue around the roundabout. If it did then i would have crossed the lane. i've spoken to my insurance company and explained to them exactly what happened and that he is blaming for not indicating, however, they have said that as long as i was in the correct lane (which i was) it irrelevant if i was indicating as he was the person waiting to enter the round about it was his responsibility to ensure his right was clear and that it was safe to enter the roundabout.

[lisa88]

https://maps.google.c...,0,0.5942927639648872 this angle looking onto the roundabout is from the direction the van was coming. i was already on the roundabout, the van was at the give way line where this lorry is on the photo but in the left lane.

[Hopkirk]

Sorry, but I cannot agree. Just because the white line between the lanes heads towards the exit does not give you the right to exit without indicating.

You were partly at fault.

[Toureman]

Completly your fault for not indicating as a lot of people on roundabouts do the same.

[Captain Spod]

Completely the van driver's fault because he is a van driver and they all have to take a 'how to drive like a bullying pudding' course before they're allowed to own one. Of course you were in the right, you were on his right - everything else is immaterial so don't get caught up in the which lane? / was I indicating? nonsense, HE SHOULD HAVE GIVEN WAY TO YOU.

[Captain Spod]

^ I didn't write 'pudding'

[StarBeast]

failure to indicate of indicating incorrectly is never an excuse Assume makes an Ass out of U and me. It's like if you indicate to turn left and don't actually turn left and then the car pulling out from the road into which you where indicating that you wanted to turn hits you it's still not your fault, they assumed indicating meant you where going to turn left QED their fault