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Accident nightmare - mini roundabout collision

I was recently in an accident on a mini roundabout, I was driving down a main road when I approached a mini roundabout; I needed to turn right so I signalled, checked other traffic, there was no one coming from my right, there was a oncoming car on the other side of the road (12 o'clock), but had not yet got to the roundabout, so I felt I was free to go.

As I continued round the junction the oncoming car had approached the roundabout and failed to give way, cutting in front of me leaving no time for me to break sufficiently, as a result of this I collided into the other cars driver side wing. The damage to my car is on the front bumper, point of impact to the drivers side of the bumper.

I thought it was pretty straight forward that the other party was at fault only to be shocked when my insurance told me that the TP was claiming I was solely responsible, as I failed to give way to him. Does he have a case?
The whole ordeal has been awful and its only been a few days, stressing myself out no end.

Asked on 29 November 2012 by debbie85

Answered by Honest John
If you were on the roundabout first, turning right, it was his fault for not treating is as a roundabout.
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