Car accident: Third party turned right in left hand lane

[maxxev]

No witnesses:

this roundabout:
http://maps.google.co.uk/maps?f=q&hl=en&geocod e=&q=southwater&ie=UTF8&ll=51.013739,-0.344299 &spn=0.000957,0.002339&t=h&z=19

I went straight on in the right hand lane of the roundabout

The third party (learner driver) turned into the rear of my vehicle going right.

She hit the rear quarter of my car, just behind my passenger rear door of a Dihatsu YRV. (i.e. almost all of my car was out infront of her)

My insurance company is telling me as there are no witnesses (third party was not indicating, otherwise I would not have moved to pass her), and because the exit is passed the twelve'o'clock, I was in the wrong lane, as was she, so it will probably go knock for knock.

I would loose 5 years no claims and my �75.

Now I understand no witnesses to prove the lack of indicating, and having re-read the highway code I appreciate that the "most applicable lane" in this instance for me was not the right hand lane, despite the extremely slow speed the learner was taking the roundabout at.

However she WAS in the wrong lane, and she had the majority of my car out in front of me when she hit me. Which can be proved from the damage to her front right side and the rear of my car.

Anyway, I would like some thoughts on this because I really don't want to be paying out �500 or so over the next few years of lost no-claims for this. And wondered if the Insurance company settle on a Knock for Knock (which is sounds like they might) Is there anything I can do?

[eltelioni]

This is not clear. There are only 3 roads coming into this roundabout, so I am guessing that you were taking the 1st exit and she was taking the 2nd exit. In that case she should not be indicating until she passes the 1st exit. It would help if were to say which road you both approached the roundabout from.

[maxxev]

Hi, I was going southbound on the A24
(on the map, top to bottom)
Inside lane of the roundabout (Hugging the roundabout).


I don't know where she was going (other than right (top to right)).
outside lane of the roundabout.

[sssssteve]

Always a good idea to give learners a wide berth and not tangle with them. They have inexperience to contend with as well as other road users that might be in a hurry. You are probably in the right, Max, but learner drivers are about as predictable as joyriders when first out on the roads which is not their fault, but that's life.

Same goes for cyclists who abuse the traffic laws... (give a wide berth I mean).... except they are mental and they have no excuse.