Crash Investigation

godtabh

Was involved in a minor tip on Sunday involving a C4/Focus.

Basically I was in the left lane on a two lane approach to a two lane roundabout. I was exiting the second exit straight ahead.

Got side swiped by a car looking to take the first exit. I am not sure what direction he came from but I believe it was the arm before mine.

I have damage on my front right bumber/front panel. She has damage on the passenger door.

Having reported it to the Gardai (who didn't show but reported in a station) and insurance company i thought it would be pretty clear cut. Unfortunately it is not and he is claiming it happened the other way around. So it looks like it will be between the insurance companies to sort it out between themselves.

Just wondering what the process is to this? Obviously each insurer is going to try and do the other so as not to have to pay out.

Should I be writing to each insurer with my version of the events, along with photos? What level of proof do I need if its her word against mine?

Zubeneschamali

godtabh wrote: »

Obviously each insurer is going to try and do the other so as not to have to pay out.

Actually, I think both insurance companies would be too quick to say 50-50 and blame both of you without much investigation.

PaddyFagan

Most likely your insurance company will send you out an accident form to fill in this should ask for diagrams photos etc as much as you have.

I'm afraid as Zubeneschamali says they're likely to say 50-50 if it's not clear cut.

Paddy

_Kaiser_

Could be reading it wrong, but you got hit on your front right panel by a car looking to take the 1st exit? Sounds like you pulled out in front of a car already on the roundabout so it'd be your fault in that case.

Unless they were in the lane beside you and tried to cut you off or something?

djimi

Kaiser2000 wrote: »

Could be reading it wrong, but you got hit on your front right panel by a car looking to take the 1st exit? Sounds like you pulled out in front of a car already on the roundabout so it'd be your fault in that case.

Unless they were in the lane beside you and tried to cut you off or something?

Im inclined to agree unfortuntely; its not going to be easy proving that you didnt pull out in front of this person (which is what the evidence suggests).

godtabh

If I pulled out in front of her I would expect the damage to my car to be mainly on the front bumper. Most of the damage to my car is on the front panel. Both cars were almost parallel and well advance of the arm I entered the roundabout on.

The point of contact is about 60m from where I entered the roundabout. Maybe I'm not explaining it well but it was clear to enter the roundabout and I had almost passed the 1st exit by the time I was hit.

ba_barabus

I think you'll need to give a map of the roundabout and mark you position and the point of contact. A photo of the damage might also help.

cruizer101

Yeah for situations like these a picture is important.

Firstly for explaining to the insurance company so they can better understand how the crash happened. Then even for yourself while it is still fresh in your memory it is good to get it down on paper to clarify the memory.

Can you link to location on google maps.

challengemaster

godtabh wrote: »

I am not sure what direction he came from but I believe it was the arm before mine.

Without going on anything but that and the damage location, it'll either go against you or 50-50. The point of contact on the roundabout is going to be crucial here.

godtabh

I'd prefer not to give the crash location/post images of damage but here is a similar roundabout.

I am the bottom car. She is the top car. I entered the eastern arm of the roundabout and was heading toward the exit straight ahead ie the second exit.

From speaking to the driver she was coming onto the roundabout on the northern arm and heading to her second exit (but she has told the insurer a different story).



She has told her insurance company is that I turned into her ie damage is the opposite way around and not as it actually is and that she was in the left lane.

coolisin

While she was in the wrong just turning into the exit and not checking as to your location, you are also in the wrong as technically you didn't yield correctly.
She was on the roundabout first and she should have right of way.

godtabh

coolisin wrote: »

While she was in the wrong just turning into the exit and not checking as to your location, you are also in the wrong as technically you didn't yield correctly.
She was on the roundabout first and she should have right of way.

the roundabout was clear to enter. By traveling at different speeds she easily caught up with me and made the turn to late.

challengemaster

coolisin wrote: »

While she was in the wrong just turning into the exit and not checking as to your location, you are also in the wrong as technically you didn't yield correctly.
She was on the roundabout first and she should have right of way.

That doesn't make sense in the context of both cars being on the roundabout at the same time, though.

_Kaiser_

godtabh wrote: »

She has told her insurance company is that I turned into her ie damage is the opposite way around and not as it actually is and that she was in the left lane.

Well I wouldn't worry about that because if her left door was damaged you'd have had to be on the grass or something if she WAS in the left lane :rolleyes:

But I still think you'll face difficulty as she had right of way by being on the roundabout first.

MarkR

coolisin wrote: »

While she was in the wrong just turning into the exit and not checking as to your location, you are also in the wrong as technically you didn't yield correctly.
She was on the roundabout first and she should have right of way.

That sounds like you made it up. There's no stopwatches on my car to notify me when another car has entered a roundabout. From the pic, the other car should have entered the left hand lane at some point before the exit, but didn't.

This seems relevant. Is it still current?

17.—(1) A driver shall drive as near to the left hand side of the roadway as is necessary in order to allow, without danger or inconvenience to traffic or a pedestrian, approaching traffic to pass him on his right and overtaking traffic to overtake him on his right.

(2) Save on a one-way roadway, a driver shall drive to the left of a traffic refuge.

(3) A driver shall not drive from one traffic lane to another without good cause, and without yielding the right of way to traffic in that other lane.

_Kaiser_

MarkR wrote: »

That sounds like you made it up. There's no stopwatches on my car to notify me when another car has entered a roundabout. From the pic, the other car should have entered the left hand lane at some point before the exit, but didn't.

Agreed, the other car should have moved left before they did.

How this reads to me is like this..

OP pulls up to roundabout, glances right and either doesn't see the other car or thinks that as it's in the other lane and far enough away, he can proceed

Depending on closing speeds and distances at this point it could be seen as pulling out in front of the other car

Other car then tries to force their way past the OP to their exit and a collision occurs - what SHOULD have happened is the other car simply made another loop of the roundabout

I'd say given the above, the insurers will settle at 50/50 myself

godtabh

Right her insurance company has been on to me.

She is now saying that she was on the same arm as me taking the first exit. That she was in the left lane. That I was in the right. The damage to my car would suggest otherwise

_Kaiser_

godtabh wrote: »

Right her insurance company has been on to me.

She is now saying that she was on the same arm as me taking the first exit. That she was in the left lane. That I was in the right. The damage to my car would suggest otherwise

Well that's in your favour.. her own car is damaged on the left. How did that even happen if you were on her right?

Nash Bridges

I can't see you winning, there appears to be two lanes off that roundabout which suggests that she could exit from the inner lane. Any particular signs or road markings would be very important here as some roundabouts vary slightly. It would be useful to see the actual roundabout on streetview for this.
Best you can hope for is 50-50. If the damage is minor and without injuries neither insurance company will be bothered putting any effort into this case.

godtabh

The lanes on the approach to the roundabout have for the left lane left/straight ahead and for the right lane straight/right arrows

coolisin

MarkR wrote: »

That sounds like you made it up. There's no stopwatches on my car to notify me when another car has entered a roundabout. From the pic, the other car should have entered the left hand lane at some point before the exit, but didn't.

I wasn't being smart about funny gadget existing, the OP could have misjudged speed etc.
He entered the roundabout after the car that hit.
But as its a two lane exit is the car the OP hit not taking the correct lane also?

I was saying 50/50 maybe thrown at him as he didn't yield.

djimi

godtabh wrote: »

Right her insurance company has been on to me.

She is now saying that she was on the same arm as me taking the first exit. That she was in the left lane. That I was in the right. The damage to my car would suggest otherwise

She has just basically screwed herself over so. The assessor will take one look at the damage and know that she is lying. Once there is any doubt over her story its going to be very hard for her to backtrack.

pred racer

godtabh wrote: »

The lanes on the approach to the roundabout have for the left lane left/straight ahead and for the right lane straight/right arrows

If its as you described you are ok and she is in the wrong, you may have to go to the scene with an investigator, but it seems pretty clear cut, you had every right to continue in your lane, she is not allowed to go through you to reach her exit.

As you have already seen the other party will lie through their teeth to try and get out of it but the investigators and assessors have seen it all before.

BuzzFish

godtabh wrote: »

Right her insurance company has been on to me.

She is now saying that she was on the same arm as me taking the first exit. That she was in the left lane. That I was in the right. The damage to my car would suggest otherwise

You win.

CarrickMcJoe

Exact same happened me a few years ago. 2 of us entered roundabout at same time. Me in left lane, taking second exit, but a very impatient courier came in the right lane at speed and cut me up taking the 1st exit. Similar damage as OP.

Bike cop happened on scene, guy went on rant then cop told him he was in the wrong. So he said he would accept 50/50.

Ended up in court, where he lost again. Basically the Judge asked why he even bothered contesting the case.

tin79

People on here like to overcomplicate things like this.


She came into your lane. As you were already on the roundabout and in the lane you have right of way in that lane. Plus her lying will be found out.


Go to court if needed you will win.

cruizer101

Off topic OP but what did you use to draw the picture tis a very clear explanation of what happened

godtabh

AutoTrack

grainnewhale

tin79 wrote: »

People on here like to overcomplicate things like this.


She came into your lane. As you were already on the roundabout and in the lane you have right of way in that lane. Plus her lying will be found out.


Go to court if needed you will win.

you obviously have never been in an irish court.
be aware that most judges favour a crying woman