Opinions on this damage? My only hope at proving insurance liability!!

baldshin

So I was involved in a little tip the other day. Basically another driver attempted to cut in to my lane on a roundabout before he was fully past me, and ended up hitting my side/front corner. There were no witnesses(that could be arsed to stop anyway), injuries or evidence. My only hope is that when the insurance company checks the damage it'll somehow prove my side of the story, as he claims I turned in to him.

Falling short of winning the claim, does anyone reckon this damage can be repaired rather than replaced, as I simply don't have much cash(only TPFT insurance)! Makes me think I'll never buy and take care of a nice car again, what's the point!!

Here's how it looks now-

Bonnet/ wing slightly misalligned:


Front bumper warped under headlight:






Headlight/Wing damage:




Bumper cracked of plus scrapes:


His paintwork and damage on my alloy:



Meanwhile the back bumper seems to be sagging, fallen from it's clips, is cracked and makes a scraping noise over bumps, though I'm 99% sure it wasn't touched in the crash. Could it still have been caused from the impact??

corktina

I don't understand how he was undertaking you on a roundabout, but based solely on the photos the scratches seem to run front to back, which makes me think you hit him rather than he hit you (if he hit you id have thought scratches would be other way around

Tigger

was he changing from the left lane to the right lane while on the roundabout?

Jimbob 83

Not many roundabouts left in Galway these days

Was in Roscommon there yesterday though and thought i was on a merry go round

baldshin

corktina wrote: »

I don't understand how he was undertaking you on a roundabout, but based solely on the photos the scratches seem to run front to back, which makes me think you hit him rather than he hit you (if he hit you id have thought scratches would be other way around

He got about 1/4 of a length ahead of me, attempted to enter my lane and he hit the brakes first after impact, causing my car to scrape along his as I travelled a metre or so further, which is why my scratches go front to back. I was in the middle of a 3 lane section of the roundabout, ready to take the next exit (which allows for 2 cars to exit) and I reckon he was trying to get in front to take the the following exit.

keithclancy

corktina wrote: »

I don't understand how he was undertaking you on a roundabout, but based solely on the photos the scratches seem to run front to back, which makes me think you hit him rather than he hit you (if he hit you id have thought scratches would be other way around

Jesus ... here we go ........ :pac::pac::pac:

Just about the damage, the bonnet alignment/wing alignment is quite fixable, shouldn't be hard to get that 95% bang on for any capable panel beater. The bumper could be remedied near perfect shape wise with some heat treatment, won't get it perfect though and the missing corner won't grow back. The headlight would obviously have to be replaced to get it sorted. Rear bumper rehanging not a bad job, the scuffs and scratches would need to be painted.

Kevwoody

baldshin wrote: »

corktina wrote: »

I don't understand how he was undertaking you on a roundabout, but based solely on the photos the scratches seem to run front to back, which makes me think you hit him rather than he hit you (if he hit you id have thought scratches would be other way around

He got about 1/4 of a length ahead of me, attempted to enter my lane and he hit the brakes first after impact, causing my car to scrape along his as I travelled a metre or so further, which is why my scratches go front to back. I was in the middle of a 3 lane section of the roundabout, ready to take the next exit (which allows for 2 cars to exit) and I reckon he was trying to get in front to take the the following exit.

Was this the first exit off the roundabout? If it was you should always assume the person on your left could be taking the first or second exit.

Just because there is two lanes exiting the roundabout doesn't mean you should use the right hand lane

baldshin

baldshin wrote: »

............ I was in the middle of a 3 lane section of the roundabout, ready to take the next exit (which allows for 2 cars to exit) and I reckon he was trying to get in front to take the the following exit.

So when he fills in his form he'll presumably be claiming he was going to take that same exit and that you came into his lane.

Logic would make that unlikely ish as if there are two lanes to exit ye had one each.

However as he presumably won't admit he was in the wrong lane and trying to get ahead of you to take the exit after I can see it being a 50/50 insurance wise.

If the impact occurred while he was in your lane and ye came to a halt calling the AGS before moving the cars would have him fecked really.

If the impact occurred in your lane I'd be making that very very clear on the little drawing you'll be filling out.

martyc5674

Did u not call the law to the scene???
Unless their report concludes a guilty party your wasting your time IMO chasing insurance money... Unless of course the other party admits liability.

If neither of the above I'd forget about it and move on, put it down to experience.

Bummer of a situation. BUT... you've to be real careful on those roundy things.
Too many folk in this country just don't get them.
Marty.

baldshin

Kevwoody wrote: »

Was this the first exit off the roundabout? If it was you should always assume the person on your left could be taking the first or second exit.

Just because there is two lanes exiting the roundabout doesn't mean you should use the right hand lane

Nope it was the 4th exit of a roundabout with 5 exits.

OldmanMondeo

Unless you have photos of where the cars stopped, I think it could go 50/50. Next time ensure there is enough damage that they can not move their car...(only joking).

baldshin

I'm thinking it's gonna end up 50/50 but I will push it as far as I can, have already chased local business' and the city council for cctv, to no avail. I've done out detailed drawings of what occurred and what was said so I have as much evidence as possible.

With 50/50, does the other parties insurance pay towards your repairs, or is it up to your own insurance? (In which case the end result would be no compensation for me and a loss of my no claims, as I don't have fully comp)

Also, I would have only loved to have taken a stationary pic of the cars, but he had already moved (he didn't want to stop and exchange details at all), and traffic was already manic enough without this disruption. If there ever is a next time though rest assured I won't be moving the car til I'm confident I have enough photographic evidence there and then! I will also be installing a dash cam in the next week or 2... once bitten twice shy!

Doom

The key to this is who ever was an the round a bout 1st and in front.

baldshin

Doom wrote: »

The key to this is who ever was an the round a bout 1st and in front.

That would be me on first, but then by the time of impact his nose was a little in front. It's complicated by the fact that the roundabout has traffic lights, at which I was stopped when he initially pulled up beside me!

GarIT

baldshin wrote: »

Nope it was the 4th exit of a roundabout with 5 exits.

4th exit for you but which exit for him if he came on after you?

Was he making a change from the lane on the left into the middle lane or did he just stay in his lane and you tried to turn off?

baldshin

GarIT wrote: »

4th exit for you but which exit for him if he came on after you?

Honestly, I don't know when he came on as I was already stopped at the lights when he pulled beside me. There's only 2 ways he could have entered the roundabout to end up there, so I'm assuming it was the one after I joined (as he wasn't beside me when I entered, and if he was he was in the wrong lane!)

GarIT

I think there are two factors which decide it, the lane it happened in and where he came onto the roundabout.

If the accident happened in the middle lane it was his fault no matter who was going where. If the accident happened in the left lane it depends on where he came on.

If he came on at the pervious entrance/exit it would be your fault and if he came on more than one exit previous its 50/50 because he should have turned and you shouldn't have tried to take the turn if it was not clear.

According to a driving instructor I had a while ago you are only allowed turn off if you are in the furthest left lane, even if there is two lanes for turning off technically you cant turn off in the middle lane.

Jimbob 83

Only factor here is who was coming into and who was in the lane already

baldshin

GarIT wrote: »

I think there are two factors which decide it, the lane it happened in and where he came onto the roundabout.

If the accident happened in the middle lane it was his fault no matter who was going where. If the accident happened in the left lane it depends on where he came on.

If he came on at the pervious entrance/exit it would be your fault and if he came on more than one exit previous its 50/50 because he should have turned and you shouldn't have tried to take the turn if it was not clear.

According to a driving instructor I had a while ago you are only allowed turn off if you are in the furthest left lane, even if there is two lanes for turning off technically you cant turn off in the middle lane.

On your first point, it occurred in my lane....but there is no proof of this.

On your second, if he came on one exit previous, how does this make it my fault, as I was already on the roundabout 2 exits previously?

For your last point, I'm not sure of that as when getting to the turn I broke no lines, as there are two lanes for taking this exit. In fact I hadn't even started taking the turn, as it was still a good 20 metres away, I was hanging a slight right turn around the roundabout.

Cuddlesworth

At the end of the day, its his word versus yours. If he words his version of events correctly to make it seem 100% your fault and his car has damage on a rear quarter panel and yours has damage in front, do you honestly think you are going to win this? I really do feel sorry for you but its going to cost you money, regardless of who is really at fault.

Consider a dash camera for future driving, it will save you money in the long term.

Jimbob 83

Im suprised you couldn't get any form of witness

baldshin

Cuddlesworth wrote: »

At the end of the day, its his word versus yours. If he words his version of events correctly to make it seem 100% your fault and his car has damage on a rear quarter panel and yours has damage in front, do you honestly think you are going to win this? I really do feel sorry for you but its going to cost you money, regardless of who is really at fault.

Consider a dash camera for future driving, it will save you money in the long term.

iPhone dash can already put in since the accident, taking no chances in future!

His damage is all between his front wheel arch and along driver side door, consistent with my statements of him attempting and mis calculating undertaking me in to my lane.

Deep in my heart I know I'm fighting a practically unwinnable fight, but that won't stop me fighting my hardest, I'm not in the habit of letting liars get away softly!

No other cars would stop and in my slight shock I'll admit I could have done my things better after the fact, such as taking a pic of the car at the point of impact and trying to stop witnesses, I was too busy shouting to the other driver to not drive away as he wanted to! Only other witnesses were people in our respective cars.

GarIT

baldshin wrote: »

On your first point, it occurred in my lane....but there is no proof of this.

On your second, if he came on one exit previous, how does this make it my fault, as I was already on the roundabout 2 exits previously?

For your last point, I'm not sure of that as when getting to the turn I broke no lines, as there are two lanes for taking this exit. In fact I hadn't even started taking the turn, as it was still a good 20 metres away, I was hanging a slight right turn around the roundabout.

If it occured in your lane and he was on your left it is completely his fault. Theres nothing more to it in that case. I don't know how you could prove it though.

Because you are supposed to be in the left lane if you are taking the first or second exit and if your not taking the first or second exit you are supposed to move to the left lane before you take your exit.

Apparently there are discussions and things going on at the moment with the RSA and those sort of people because the markings on some roundabouts are in conflict with the rules of the road. Some roundabouts would make it seem that you can exit from the middle lane but the rules of the road say you can only exit from the furthest left lane. I think the problem is because the rules of the road were only written to deal with 1 or 2 lane roundabouts but now we have three lanes on some.

GarIT

GarIT wrote: »

.........

Because you are supposed to be in the left lane if you are taking the first or second exit and if your not taking the first or second exit you are supposed to move to the left lane before you take your exit.
...........

How does that align with this....

http://www.rotr.ie/rules-for-driving/junctions-roundabouts/roundabouts.html


".................. Sometimes a roundabout exit with two or more lanes may narrow into one lane over a short distance. Drivers in the lane which is terminated should yield to traffic in the other lane."


If everyone left a roundabout from the left lane why would anyone need to yield? Everyone would be in the same lane surely

baldshin

GarIT wrote: »

If it occured in your lane and he was on your left it is completely his fault. Theres nothing more to it in that case. I don't know how you could prove it though.

.

Therein lies my problem, proof!

fasttalkerchat

Some CSI **** up in here!

ValerieR

If it is the roundabout I think it is in Galway (also known as the Magic Roundabout here) ....

There are 5 exits to it and only 3 have traffic lights. It's a very messy one and I always watch the cars around me as a hawk as a lot of numbers are pulled around it.

The only thing is that there are markings on the road and the middle lane road markings also point the traffic to the exits. So, if you are in the middle lane, it is 'legal' to leave the roundabout and get straight into the fast lane at the exit.

I might be off there but it sounds to like the other party was trying to carry on to the next exit, wasn't in the right lane so tried to pull a fast one by undertaking you.

Hard to prove though ...

Best of luck in your dealings with the insurance.

baldshin

ValerieR wrote: »

If it is the roundabout I think it is in Galway (also known as the Magic Roundabout here) ....

There are 5 exits to it and only 3 have traffic lights. It's a very messy one and I always watch the cars around me as a hawk as a lot of numbers are pulled around it.

The only thing is that there are markings on the road and the middle lane road markings also point the traffic to the exits. So, if you are in the middle lane, it is 'legal' to leave the roundabout and get straight into the fast lane at the exit.

I might be off there but it sounds to like the other party was trying to carry on to the next exit, wasn't in the right lane so tried to pull as fast one by undertaking you.

Hard to prove though ...

Best of luck in your dealings with the insurance.

Nail on the head there, and thanks for your wishes!

Katunga

Almost every time I'm near that round about I see people cutting infront of other on the inside lane/ lanes people braking the red lights because they haven't a clue. Luckily its soon going to be changed to a traffic light junction.

sentient_6

With that roundabout as well if your coming from headford direction & heading out over the bridge if you follow your lane it can 'appear' like your moving left half way around because the lane moves out. If he wasnt familiar with the lay out he probably kept his line around not noticing the lane shift & you move out....he thinks you moved into him.

I wouldnt start going on about the rules of the road when it comes to this roundabout as the middle & right lane of the 3 lanes coming into it can both go all the way around to turn right up over the bridge. Its messy.