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Accident at roundabout
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Recently, my car was involved in a accident. My motor insurance providers (Llyods TSB) have stated I am at fault for the accident. I strongly believe I should not be fully liable for the accident. The facts of the accident are below:
� Accident occurred on the Yorkshire Street / St Mary's Gate roundabout in Rochdale (Lancashire)
� My vehicle, and the second driver's (involved) in the vehicle, were at the (Yorkshire Street / St Mary's Gate) traffic lights on the roundabout, both intending to take the first exit, off the roundabout on to Saint Mary's Gate (A58)
� My car was in the right-hand side lane at the lights, before the first exit, and the second drivers car was in the left-hand side lane.
� The collision occurred, on the dual carriageway roundabout, just before entering the A58 in Rochdale.
� The collision occurred because the second driver, drove in to my lane, and collided with the front passenger side of my car.
The insurance company (Lloyds TSB) are claiming, the accident was my fault, because I had no right to take the first exit, from the roundabout, as I was in the right-hand side lane.
o However, after investigating, the roads properly, and with photographic pictures, to support my claim, there was road markings on the road in the right-hand side lane, showing an arrow pointing straight ahead, and an arrow pointing to the right.
o I am sure this road marking states, from the right-hand lane, I am able to take the first exit, off the roundabout or continues, towards second or third exit.
CAN YOU PLEASE, TELL ME IF I AM CORRECT TO BELIEVE, REGARDING THE CIRCUMSTANCES OF THE INCIDENT, THAT I AM NOT COMPLETELY TO BLAME, AS I WAS NOT IN THE WRONG LANE, ENTERING THE A58 (ROCHDALE)
� Accident occurred on the Yorkshire Street / St Mary's Gate roundabout in Rochdale (Lancashire)
� My vehicle, and the second driver's (involved) in the vehicle, were at the (Yorkshire Street / St Mary's Gate) traffic lights on the roundabout, both intending to take the first exit, off the roundabout on to Saint Mary's Gate (A58)
� My car was in the right-hand side lane at the lights, before the first exit, and the second drivers car was in the left-hand side lane.
� The collision occurred, on the dual carriageway roundabout, just before entering the A58 in Rochdale.
� The collision occurred because the second driver, drove in to my lane, and collided with the front passenger side of my car.
The insurance company (Lloyds TSB) are claiming, the accident was my fault, because I had no right to take the first exit, from the roundabout, as I was in the right-hand side lane.
o However, after investigating, the roads properly, and with photographic pictures, to support my claim, there was road markings on the road in the right-hand side lane, showing an arrow pointing straight ahead, and an arrow pointing to the right.
o I am sure this road marking states, from the right-hand lane, I am able to take the first exit, off the roundabout or continues, towards second or third exit.
CAN YOU PLEASE, TELL ME IF I AM CORRECT TO BELIEVE, REGARDING THE CIRCUMSTANCES OF THE INCIDENT, THAT I AM NOT COMPLETELY TO BLAME, AS I WAS NOT IN THE WRONG LANE, ENTERING THE A58 (ROCHDALE)
Answers
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If you believe that you are correct then do not accept liability and enter into a dispute.
Next step would be to resolve who is to blame for the accident. This can be costly and your insurance is unlikely to pay for it if they have advised you already that you are to blame (this possibly suits them better??)
Check terms of your insurance in case your legal costs are covered in this instance as they sometimes are not.
depending on damage/costs it might be an idea to offer a direct settlement with the third party to preserve your NCB. Negotiating after entering into dispute might be tricky but perheps easier depending on the third party and approach you both take whilst talking to each other.
I would say something like:" Look it was an accident and we both believe that we are not at fault. So we will have to resolve it and you would prefer it to be amicably. You both appreciate whats at stake financially but most important thing was that noone was hurt.." and blah blah you get the picture!
now onto your actual problem.
I was taught that left lane is for 1st and 2nd
exits and right hand lane is for 2nd and 3rd
exits. so if you both went for the second exit it would be in your favour but it sounds like the dice are loaded against you unless you get some sort of a incriminating statement from the third party..
Remember it is not personal.
BEst wishes
Next step would be to resolve who is to blame for the accident. This can be costly and your insurance is unlikely to pay for it if they have advised you already that you are to blame (this possibly suits them better??)
Check terms of your insurance in case your legal costs are covered in this instance as they sometimes are not.
depending on damage/costs it might be an idea to offer a direct settlement with the third party to preserve your NCB. Negotiating after entering into dispute might be tricky but perheps easier depending on the third party and approach you both take whilst talking to each other.
I would say something like:" Look it was an accident and we both believe that we are not at fault. So we will have to resolve it and you would prefer it to be amicably. You both appreciate whats at stake financially but most important thing was that noone was hurt.." and blah blah you get the picture!
now onto your actual problem.
I was taught that left lane is for 1st and 2nd
exits and right hand lane is for 2nd and 3rd
exits. so if you both went for the second exit it would be in your favour but it sounds like the dice are loaded against you unless you get some sort of a incriminating statement from the third party..
Remember it is not personal.
BEst wishes
If I read this right, the first exit is effectivley a left turn. The arrows marked as you describe in the right hand lane seem to say that you can go straight on (2nd exit) or Right (Nth) exit. Now the driver on you left also had a choice of turning left or going straight on. It seems he did the latter and you did the former. If I've understood correctly then it is you at fault.
Just looked at the sattellite pic on Google maps. If you mean the lights that are part way round the roundabout where the John St joins the roundabout then you cannot take the first exit into St Mary's gate. The guy on the left can and he can also go straight on. I'd say it was your fault, I'm afraid.
Well, i'm gonna throw caution to the wind and agree with you mhanif1.
I've looked at Google Earth and if you were in the right hand lane at the lights, i'd say you were ok to continue round to enter St Mary's Gate in the right hand lane. I would read the road markings just before the lights to say that you could choose either lane to enter St Mary's Gate or keep in the right hand lane to go further round.
Anyway, if you stayed in the lane you were in that would mean he strayed out of his (left hand) lane into yours.
A picture from Google Earth of the immediate area should help you contest the decision.
Hope this helps!
I've looked at Google Earth and if you were in the right hand lane at the lights, i'd say you were ok to continue round to enter St Mary's Gate in the right hand lane. I would read the road markings just before the lights to say that you could choose either lane to enter St Mary's Gate or keep in the right hand lane to go further round.
Anyway, if you stayed in the lane you were in that would mean he strayed out of his (left hand) lane into yours.
A picture from Google Earth of the immediate area should help you contest the decision.
Hope this helps!
I also think, for what it's worth, is that Lloyds Tsb are stating the obvious by saying you can't turn left in a right hand lane. I bet the person making that decision doesn't even reside in this country!
Believe me, my wife was 'quoted happy' for her car insurance until it came to claim. Then, I was speaking to someone in foreign climes who had no grasp of the situation at all and made a blanket decision based on I don't know what. Needless to say, she's no longer with them...and a lot happier too.
Believe me, my wife was 'quoted happy' for her car insurance until it came to claim. Then, I was speaking to someone in foreign climes who had no grasp of the situation at all and made a blanket decision based on I don't know what. Needless to say, she's no longer with them...and a lot happier too.
Highway Code Rule 162:
"Signals and position, unless signs or markings indicate otherwise:
When taking the first exit
* signal left and approach in the left-hand lane
* keep to the left on the roundabout and continue signalling left to leave".
http://www.highwaycode.gov.uk/17.htm#162
You should never turn left off a roundabout, from the right-hand lane, unless their are signs which indicate that this is permitted. I know of two roundabouts where, because most traffic is turning left, this allowed but, in general, it's extremely rare.
If you find yourself stuck in the right-hand lane when you want to turn left, you should simply do a full circuit of the roundabout.
Chris
"Signals and position, unless signs or markings indicate otherwise:
When taking the first exit
* signal left and approach in the left-hand lane
* keep to the left on the roundabout and continue signalling left to leave".
http://www.highwaycode.gov.uk/17.htm#162
You should never turn left off a roundabout, from the right-hand lane, unless their are signs which indicate that this is permitted. I know of two roundabouts where, because most traffic is turning left, this allowed but, in general, it's extremely rare.
If you find yourself stuck in the right-hand lane when you want to turn left, you should simply do a full circuit of the roundabout.
Chris
Most people usually think that an accident is not their fault - and that it is easier to blame somebody else. I would be possible to kick up a fuss with your insurance company and after a long process they would probably come up with the same conclusion. From what you have said it sounds like you were in the wrong lane, and the accident was caused by this, so is your fault. The third party driver probably feels that they were crossing the roundabout and you cut across them because you were in the wrong lane. I think thta you just have to accept the blame and get on with your life
mhanif I too have looked at Google earth and if I read it correctly I think you were right, you could have gone left or carried on round the roundabout. It seems to me that the other driver thought you were going round the roundabout so decided to change lanes without checking first. I know this wouldn't normally be the case on an average roundabout but it seems to be the case on this one. Do your insurance company actually know the roundabout in question or are they just assuming you were in the wrong? I would definitely check out the roundabout again and get back in touch with them and do not accept liability for the accident unless they can prove you are wrong which in my opinion you aren't
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