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Someone drove into me on a mini-roundabout but claims it's my fault - what can I do?
I was involved in a confusing accident at a dreaded mini roundabout. No one was hurt but both cars were written off. There was a queue of traffic coming from the right and turning right which I was giving way to. Then a car indicated left and began to turn so I took this opportunity to go, turning right. It is a larger mini roundabout so there is room to manoeuvre around it fully. I was travelling from stationary so couldn't have been going faster than 8 miles per hour but I was obviously accelerating. Before I knew what was going on I collided with a car coming from the direction I was previously giving way to my passenger side to his passenger side. I did not see him coming but my partner, seated front passenger gasped and said "wow...wow... wow" I don't know why I didn't see him or my instincts from my partner's reaction didn't cause me to break but unfortunately neither happened. I was on the roundabout when the crash happened, facing my intended exit. The other driver must have cut across the roundabout at speed behind the car which had just turned in the opposite direction as this is the only way we could have crashed passenger to passenger. Who is at fault? He claims me for not giving way to the right. I claim him for not giving way to traffic already on the roundabout. He is claiming I am 100% liable. What happens now?
Asked on 25 October 2018 by miniroundabouthater
Answered by
Honest John
Roundabouts are nightmare to work out liability on, without trying to sound blase, forget about it and accept it has happened. The reason being, the time, effort and cost involved in either trying to prove or dispute liability is expensive to both parties. Insurers know this, the likely outcome is that both his and your insurer will agree on a 50/50 situation. If you are adamant and 100% clear it is not your fault, you will need to prove it. The only way this can be done is by having a "comparison report" comparing the damage on both vehicles, looking at first and secondary impact points and looking at angles of travel. The second is in having a "locus" report, looking at the location, road markings, traffic signs, lines of sight, rights of way and the relative positions of the vehicles while on the roundabout to gauge who had priority. With this being a mini roundabout, all of the above then becomes massively more complicated. Do not accept liability and let the insurers sort it out.
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