3rd Party Offering 50/50

[baloohaloo]

Hi

 

I had an accident in April, I was on a roundabout had been on for aprox 150 feet, going right round the roundabout, indicating to pull off, when another car pulls in front of me from a side road.

 

Now the 3rd party insurers is offering to settle on a 50/50 basis, I feel it was 100% the other drivers fault, if he had given way to the right, and given-way to the car already on the roundabout then it would not have happened.

 

Question is do I accept the offer, if not what happens, do we go to court and see what happens, hope the other drives ins co folds?

 

Thanks in advance

[BRIGADIER2JCS]

Any witnesses of cameras on the roundabout?

 

I would agree with your perception here, before court action send a letter before action laying out your view of what occurred with a plan of the accident site,

and the highway code sections quoted.

[unclebulgaria67]

Yes I agree. If you can take any photos of the road layout and in particular the road where the 3rd party pulled out of. I am thinking that the photos show no reason for the 3rd party not to see you where you were on the road.

 

Sometimes with big roundabouts with lanes marked around them, cars do join from different roads and merge with traffic already on the roundabout. The third party may be saying that you changed lanes, without checking carefully for vehicles joining the roundabout. So they are saying it was a 50/50, as both were equally at fault.

[baloohaloo]

I was in the position of the Blue Zafira in the Google maps image listed, going off where the black truck is. The 3rd party was entering the roundabout where the fire engine is.

 

 

[unclebulgaria67]

I was in the position of the Blue Zafira in the Google maps image listed, going off where the black truck is. The 3rd party was entering the roundabout where the fire engine is.

 

 

 

Cannot see a google image

[baloohaloo]

Oops forgot linky

Edited November 6, 2012 by baloohaloo

[unclebulgaria67]

Unless you have an independent 3rd party witness saying that you were indicating and in an appropriate position on the road to be turning off where the black truck is, then I think it could be decided as a 50/50. If you were in the position of the Zafira and not indicating, then I can see why the car pulled out onto the roundabout. These roundabouts tend to be fairly busy, so what I do if I am going off in the situation of the Zafira is to be much further over to the left. The cars in the lane before your turn off point, would then not think about coming on to the roundabout.

[baloohaloo]

Thanks for the input Uncle B

 

With that roundabout, there is 2 lanes on entry, the left hand lane is normally full of traffic as it leads onto either the A34 or M3. To go round the roundabout you have to use the right lane, so moving across early is not an option- I am assuming the google image was taken at 3 in the afternoon or something, as at any kind of peek period the left lane (and often the right) is very busy.

 

I use that roundabout at least once per day, so am very very particular about my indication as it is a bit of a nasty one, where you see lots on minor fender benders.

 

Do I continue to fight it or accept the 50/50, if I continue to fight are there any potential ramifications?

[unclebulgaria67]

Unless you have an independent witness saying the other driver was at fault, then yes accept a 50/50. I think you would wasting time challenging this any further.