hit by an articulated lorry in doncaster on a roundabout blame ?

[hollowman]

I see what your saying but as we were in the 3rd lane or left of choice ,

we have to stay in that lane to go over the bridge you're committed to that lane.

unless the lane to the left of you is clear and you want to go behind Tesco into the open car park .

our journey would have taken us over the bridge to the sprotborough exit.

 

the lorry should have stayed in the right hand lane (right of choice ) unless the lane to the left was clear .(our lane)

 

it probably will go 50/50 I cant see any other way as there is no proof ,

unless say the lorry drivers route is plotted before hand (eg the driver has certain drops in a certain order)

which would show the way he would have been heading , but I doubt it will come to that .

 

nothing off the insurance as such except forms to fill in for medical injuries ,

 

I have sciatica and 2 slipped disks but we were not injured at all ,

god knows how they get the info but they have it down on paper and are forcing it in your face to claim for false injuries , therapists etc.

I know have 7 days to sign the forms to say I don't want to claim for injuries or they will automatically start the procedure.

 

 

the car is nearly sorted ,seen it today looks a lot better just some minor paint problems but nothing major .

 

no one is hurt except maybe lorry drivers pride and if his company don't make a claim for damages

 

which I don't think there were any to the lorry then I wont as in the end as it will work out cheaper in the long run .

[crem]

hollowman, you are stll not giving us the precise details of where the impact took place on the roundabout so that people here can try to give you some reasonable opinion. If the impact took place prior to the Church Way exit, then it would seem the lorry had moved over too early and in that case you may have a valid claim as 100% the lorry driver's fault. If the impact took place after the Church Way exit in the area of the Grey Friar's exit, then by there you should have moved to lane 1 and the lorry should have been able to move to the now vacant lane 2 allowing you both to exit towards the A19 over the bridge. An impact here, in my opinion, would most likely go 50/50 as you would be at fault for failing to move over and the lorry driver would be at fault for not ensuring the lane was clear to move into.

 

The exact location of the impact is therefore the deciding factor.

[hollowman]

I've tried more than once to describe where the exact impact was , the best way to view the roundabout is in street view . the impact if looked at from an aeriel view took place between church way entrance on to the roundabout and church way exit (signed a630 Rotherham) way before the exit to grey friar's road , there is a set of traffic lights before the grey friar's exit there is also an exit lane onto grey friar's . which if we were say wanting to exit onto grey friar's we would have had to move over from the middle lane into the left to do so ,obviously if the road was clear .grey friar's is labelled left only and should be entered on in the lane to the left of where we were.

[kregrs]

a few days ago my wife ,myself her sister and our daughter went to Doncaster ,

 

our return journey (incase anyone knows the road layout) consisted in coming down the road behind the market to the traffic light junction .

 

when the lights turned green we approached onto market roundabout into the middle lane labelled A19SELBY /A638 WAKEFIELD.

which as a spiral roundabout takes you over the bridge towards sprotborough etc in the left hand lane as you exit the roundabout onto the bridge.

 

a few seconds onto the roundabout at a speed of less than 20 mph we were hit in the drivers side rear quarter panel by an articluted lorry of at least 7.5 tonne (has a forklift truck on the back ) so could have been of a heavier weight .

 

the lorry spun the car around 90 degrees and we were fully across the front of the truck .

 

the only thing we could see from the drivers side was the full front of the vehicle .

 

we have no idea wewre the lorry come from ,it either come from over the bridge ,or come from wheatley hall road .

 

the car wasn't ours it is my brothers car on loan to us from time to time on the understanding I paid for a separate insurance policy .

(as he is a garage owner and has trade insurance so we wold not be covered)

 

I did this in march (maybe earlier) and also included him on the policy as he is the owner and registered keeper as the car is usually kept at his home address.

 

then wagon driver jumped from the cab and shouted its your fault not mine .

 

I didn't respond at all I was in shock

 

my 3 year old daughter was on the side that was hit .

 

luckily the car was an audi and seemed to take the impact well ,

 

hate to think if it had been a small car like a corsa .

 

police attended the scene made sure everyone was ok they exchange details not us and then let us go on our merry way .

 

I took pictures of the damage to the car ,

the rear quarter back door ,

 

front door and front wing are all badly damaged

 

.the rear bumper has a slight crack and the rear wheel is scuffed ,

 

im devastated and feel wholly responsible to my brother ,

 

when I phoned my insurance they stated that as my no claims was unprotected

I will lose 8 years ncb if it ends up been a 50/50 split .

 

as there unprotected policy does not consider any ncb over 5 years

I wasn't even driving my wife was and Is a named driver.

 

I have been in contact with there transport mamager who was very polite and said don't worry we will have your vehicle sorted in no time

as the have a very good insurance company ,

 

he said the drivers pride was dented and he was been ribbed by his colleagues .

 

also said if it was my car I would have throttled the guy .

 

I know we are not to blame I know we were in the correct lane on the roundabout ,

but I have no idea were the lorry came from so quickly

 

I have attached a picture of how the car ended up on the roundabout

 

me and my brother are now in the process of assessing whether it would be better for him to fix the car ,

 

in case it goes 50/50 as the car if taken to audi for assessment would be wrote off due to the cost of fixing it.

 

further upping an insurance premium next year as the car was valued on the policy quote at over 11k

 

the wagon didn't seem to suffer any damage except blue paint on it from the car

 

seems my insurance is worth nothing ,

and all ive had is personal injury specialists phoning me to claim for injuries ,

 

all of us eneded up with none ,

except it effected my sciatica ,

but I am due to see a neuro surgeon this week as I already have 2 slipped disks

 

the small picture attached is from a mobile phone taken by luck from a girl who works at the public house my sister and daughter work at in scawsby.

 

When you say 'when the lights went green' do you mean you actually waited until.they were green, or did you pre empt them and go on red/amber?

My reason for asking is that I drive an artic. When I took my test last year, I was taught that on approaching the lights on green I ease off, and there becomes a point that I make a decision to stop or go, in relation to my vehicle and the distancce to the lights. If I pass that point and the lights change, I dont attempt to brake and stop, I carry on, with caution, even if that means the lights have changed to amber and then red, there is no way that I could hope to safely stop the vehicle. I even had it happen on my test, went through a set of lights on amber.

My take on the situation is that this scenario has happened to the lorry, you have seen your lights start to change, pulled away and not checked to your right, and the lorry has collected you as you enter the roundabout.

 

Just a final word of warning, be sure that the version of events you give is true. A lot if lorries now have dash cams or cctv fitted. Too many claims going in favour of the car driver etc due to lack of evidence, or so I'm told.

Finally, that vehicle is a rigid, not an artic, as you stated. And the forklift is a Moffet.