Another Bloody Accident!!!!

[Komenda]

If he has moved into your lane and hit you, you have nothing to worry about dude. Its clear cut. And by saying he didn't see you he is pretty much admitting liability, If he says he did see you he's in the same boat.

[topher]

Fair play for keeping your cool, i probably would've tw@tted the bloke.

[Phil mcavity]

Your in the right maximus, stick to your guns mate, it sounds like the insurance companys will argue the case out and will most proberly settle as a 50/50 . Is your no claims protected maximus??. Hoped you protected them incase the worse happens.

[Manu_R32]

Really sorry to hear about it...any chance you could make a claim of whiplash against them?? Well...depends how your feeling i guess...just hope everything works out 

[maxamus]

Your in the right maximus, stick to your guns mate, it sounds like the insurance companys will argue the case out and will most proberly settle as a 50/50

I would have thought that this was a straight forward case of the 3rd party being at fault. How would it be 50/50 ?
He moved into my lane and hit me because he "didnt see" me.....

[maxamus]

Pics of location:


I was in right hand lane approaching interchange to turn right.


This is where it happened.

Damage to TP
-------------





As you can see the damage to TP is very minor. A damaged wing mirror and some scuffing to paintwork and alloys. Mine is the same.

Its a good job it was a grassed central reservation because if it was barrier my car would have been fooked!

[Hurdy]

One of my mates is a traffic cop (ex) and says in cases like this they look at the damage. If the damage is on the right hand side it invariably ends up as their fault

EG

Roundabout - someone comes onto the roundabout and tw4ts you on the roundabout your damage is on the left, theirs on the right.

Junction - someone comes out of the junction and either you hit it or it hits you, the damage is on your left(or front) and is on their right.

Someone pulls over into your lane and strikes you - their damage is on the right and yours on the left.

You can see where I'm going with this.

My mate also says that evidence for the other person in your case could easily sway in your favour anyway

[maxamus]

My mate also says that evidence for the other person in your case could easily sway in your favour anyway

Ahh cheers Hurdy.

Im going to take some pics of my car tomorrow to show the damage to my passenger side and the damage to the driver-side alloy (from me swerving onto the grassed central reservation and hitting the kerb).

[Phil mcavity]

now seeing the photos and now can see the circumstances, he hasnt got a walking stick to stand on. Sorry maximus, you are in the right, screw the beggar for lost of earnings,whiplass and anything else, oh yes driving a peice of sh!te called a peugeot !

[Cass]

Bad luck mate.

The reality is, in this day and age, the Police/CPS will not generally prosecute for due care and attention, unless there is a serious injury or serious breach of Road Traffic Regulations. The public interest is not served if either do not apply. Also, insurance companies look to initially deny liability, then negotiate and mitigate to reduce liability to end up paying as little as possible. You have done the right thing to secure evidence of the incident (photos), but the account of any witnesses may also go for/against you (eg speed/driving style/traffic flow etc). Given that you were complying with the Highway Code (not law, but accepted doctrine) you are in a good position to get a positive outcome. Approaching a roundabout to turn right should be done in the offside lane.

Stick with it.

Cass