Accident - Roundabout - Junction 26 - M5 Motorway.

[squidgelet10]

Greetings each! Last August I exited the southbound carriageway of the above motorway, intending to take the third exit off the roundabout below it, towards the A38. As I was leaving the roundabout as above, a vehicle having exited the northbound carriageway of that motorway and, without heeding the triangular "Give Way" sign and broken white-line road markings at the approach to the roundabout, drove across my path colliding with the side of my vehicle. As both insurance companies appeared to be dithering and heading for 50/50 liability, I issued County Court proceedings against the other driver to recover my �250 policy excess and consequent loss of NCD. I have received various responses from the other driver's legal team including that I "was driving too fast and attempting to overtake her vehicle as she exited from the motorway" and "we didn't know it was a roundabout", to the latest little gem: "given that she was already onto the slip road/exit she feels that you would have had the opportunity to brake behind her vehicle and wait for her vehicle to pick up some speed. She alleges that you were attempting to overtake her vehicle by driving over the white reservation area" (which became necessary to try to avoid the impending collision). Her sketch plan shows her perception that the motorway slip road extends all the way to the A38 without any roundabout whatsoever, and her latest change of evidence reveals that she is broadly in agreement with my description of where the collision occured. How the front of her vehicle could have impacted against the passenger side of mine if she was driving in the direction she said she was, is impossible!! The legal team are very generously again suggesting 50/50 liability!!!! What do you reckon please???

[andy-hughes]

Quite often in these situations, the legal people will take the path of least resistance.

A 50/50 split means minimal work for maximum return for them, but that may be the same result which ever legal advice you obtain. If you are determined to take this further, obtain a 'second opinion', but these things are seen as pretty standard by most solicitors, and they are not inclined to go the extra mile for the fee, even if right is on yourside. Decide how uch you want to push this - bearing in mind that you may well loose in court. I'd be inclined to settle, it's easier, and could be cheaper in the long run.

[mdoo98]

Without wanting to build your hopes up, I had always considered the vehicle to be on the roundabout to have right of way, regardles off speed they are travelling at. I can see it now 'He was speeding your honour so I decided to pull out into his path' If they claim you were driving too fast why did she pull out on you. Why didnt she (or wasnt able to) stop at the roundabout till you had passed ?

Good luck

[Katana11]

If you are on a roundabout you have right of way, anyone entering the roundabout has the responsibility to give way.
If it was me I would fight it all the way.

[twiglet321]

I may have read this wrong, but is it right that part of her defence was "we didn't know it was a roundabout?" If this is the case then surely she was driving without due care and attention and I would pursue the matter further. But remember, 50% of someting is better than 100% of f*** all.