RTC on round about.. who's fault ??

[lisa88]

Hi there, im not sure if i am in the right forum for this topic but would appreciate some advice.
I was travelling to work when i exited the M1 at J29. My intention was to go straight ahead taking the second exit. I was in the right hand lane. Entering the roundabout travelling at approx 25 miles per hour. Both lanes allow you to exit onto the A617. However, when i was just beginning to take my exit, a van entered the roundabout and collided into the side of me pushing me into the curb of the central reservation. He firstly told me it was my fault as I wasnt indicating, yet i was in the correct lane, i didnt cross lanes and i was already established on the roundabout

In addition, he accelerated to (must have been) around 10-15 miles per hour as he had to cross the outside lane before colliding into me, so he effectively had enough time to stop . Am i to blame for not indicating ?

[factor-fiction]

I'm not absolutely sure I understand what happened but I don't believe he can use your failure to indicate as an excuse

[Davethedog]

If I read this correctly, you came from his right and he has hit your near side. He is at fault, the law is clear you give way to the right on a roundabout, irrespective of indication.

[jackthehat]

If you were already on the roundabout, you had 'right of way'.
It was his duty to allow you to proceed rather than trying to second-guess what manoeuvre you may or may not have been about to perform.

[ummmm]

Like Factor says...if you are in the correct lane then you don't need to indicate. If you follow the lanes correctly they bring you to your exit. Some of these roundabouts have 3 lanes or more. If you indicated 'right' the other cars wouldn't know if you're planning on going round the roundabout or if you're planning on changing lanes.

[lisa88]

yes, i was on the roundabout approaching from his right. A lady very kindly stopped and witnessed the collision. people have told me to pursue a claim against him as ive injured my trapezium muscle. I dont know what to do, my Dr has told me i have to have a week off work. Im so mad about it.

[ummmm]

//In human anatomy, the trapezius is a large superficial muscle that extends longitudinally from the occipital bone to the lower thoracic vertebrae and laterally to the spine of the scapula (shoulder blade). Its functions are to move the scapulae and support the arm.//

Are you looking for compensation?

[Mick-Talbot]

You should have signalled but he obviously should have waited until you had passed.
Not signalling at the appropriate time is sloppy driving.

[lisa88]

I wasnt indicating as if i did, it would have appeared as though i was taking the exit previous to the one i was. i didn't get chance to indicate by the time he hit me. ...... well i dont know about compensation, people are telling me I should but ive never been in this situation before and im unsure what advice to follow.

[boxtops]

It's his fault, Highway Code says that you have to give way to traffic already on the roundabout

If you are putting this claim to your motor insurers (and I'd suggest you do, rather than arguing the toss with the driver), then they will ask you if you are claiming for a personal injury - if so (if your cover provides for it) they will appoint a medical person to examine you and assess the damage, and include that as part of your claim. We did this when we were hit in the rear - we didn't have to pay anything, the insurance company dealt with it all then recovered the costs from the bloke who hit us.

[Mick-Talbot]

I wasnt indicating as if i did, it would have appeared as though i was taking the exit previous to the one i was.


However, when i was just beginning to take my exit,


?

http://www.direct.gov...highwaycode/dg_070338

[lisa88]

thank you, that is re assuring to hear. I would like to thank you all for your comments.

[lisa88]

yes, the roundabout is a large one with wide lanes. i was still in lane, the correct lane that takes you down the A617, and was signed the A617.as i approached the position where the lane carries round to the exit, where i was going to start indicating i was hit in the passenger side. so yes, maybe i was planning on indicating later than i should have done. I travel that same route to work regularly and have done so for the past 4 years, and no body, or rarely do people indicate, because they are in the correct lane. im not for one minute suggesting that this is acceptable. but do think that as the other driver in the van was waiting to join the roundabout, he should be at fault.

[Mick-Talbot]

Yes I do think he was at fault.
Sounds like a bit of a boy racer who was probably looking beyond your car to see if he could get in straight behind you.

[lisa88]

ahh bugger, my link hasnt worked... lol. sorry guys, i was hoping it would have made it clearer

[boxtops]

It says https so it's a secure site, can you find it in another version?

[ChuckFickens]

https://maps.google.c...ited+Kingdom&t=w&z=18

[ChuckFickens]

Actually, as you've not said if you were going north or south bound...
https://maps.google.c...ited+Kingdom&t=w&z=18

It's the van drivers fault for sure, but it does look like you have loads of time to indicate after passing the previous exit and before taking your exit.

[lisa88]

ah my apologies, i was going north bound from junction 28 to 29. I probably also agree with you looking back on google maps, i had enough time to indicate.But when your travelling on the road its different isnt it. oh dear me.. so it could be seen as me in the wrong then :(

[Mick-Talbot]

No, there is no excuse for him hitting you.
His head must have been in cuckooland.