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fisherman
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when you join a roundabout you give way to the traffic coming from the right, as it states in the he highway code. give your insurance company names of any witness to me you appear to be in the right |
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peter s
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His fault, he should have given way. |
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champagne
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Its his fault.It was your right of way. |
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♨ Wisper ►
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You signaled and was in the correct lane, therefore it sounds to me that the other driver is wrong.
Good luck. |
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coofooman
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The law states that at a traffic island you must give way to traffic on your right, as you were coming around the island on his right then it was his responsibility to give way, you are in the right he should have given way and allowed you to pass as you were on the island before him. The highway code also states that you must give way to traffic on your right at a traffic island that is the law regardless weather you hit him or not he should have given way..I rest my case me lord. |
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drummerkid1993
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no you are not liable, your right he should have given way. It doesn't matter that you hit him on the side, it's his fault for pulling out too late. I hope this helps. |
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jamand
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If he pulled out on you then it is his fault - irrespective of where you hit the vehicle - it is up to him to ensure the roundabout is clear and proceed and as he didn't he was in fact driving without due care and attention.
Do not admit anything to him or his insurers! |
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CowboyBill
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Stop fretting -- your insurance adjuster is an expert on these matters. Let he/she figure out the details. |
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NAPOLEON57
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The person on the round about has the right of way, as at all times vehicles have to give way to the right. Hope this helps |
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jillybird
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As far as I am concerned he was at fault for entering a rounabout whilst you were on it. He must give way to traffic already on the roundabout. Pity you didn`t call the police, they would probably done him for driving without due care and attention. If your insurance decides knock for knock you can sue him in the small claims court. |
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allen555
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If you were on the roundabout and he pulled out from a road joining the roundabout and you hit him, he is at fault. There should be clearly signposted 'stop' or 'give way signs' and markings at roundabout junctions and he has failed to give way to you. End of. |
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joe r
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I take it by "small roundabout" you do mean a clear roundabout that requires you to drive around it completely as opposed to a mini roundabout, as that would be another kettle of fish.
Based on what you have said it would appear to be a non fault accident but how the liability is settled is based on what you BOTH say and what both your cars' show damage wise in the absence of any independent witnesses, needless to say the road layout is another key factor.
firstly you will have to report the accident whether you claim or not unless you want to invalidate your insurance, your NCB etc will only be effected if he claims against you successfully
If it is a single lane roundabout you should take photos of the accident site AND the damage to both cars illustrating where the damage is in respect to the rest of the vehicle - so it should be your front left corner damaged worst and hopefully somewhere as close to the front of his car on the drivers side (which would be good for your case). do this to illustrate the accident to your insurance company as most call centre insurance assessors will hear the word roundabout and assume 50/50 (its all in the first weeks training) If you can get a picture of his damage too - fantastic, this with a pic of your car, his, and the road you will have a very strong case. If you did decide to claim via your insurance company, insist they obtain an engineers report for both vehicles, they will show direction of impact which is really the final nail when settling liability fairly.
All this only matters if he counter claims and it all very much depends on what you may have left out, for example you mention you were indicating, if there were a lane next to you - even occupied to your right that could be misconstrued as a misleading signal which would prob go 70/30ish to you based on current case law.
roundabouts are harder to prove than ice accidents - which are a pain! and the real problem comes when the insurers don't get the info from you and dont feel like you are really wanting to fight if he does make a claim. do not, not report the accident, your insurers will just pay out to his after a certain amount of time (usually circa 90 days after his car is repaired) and it will be 100% recorded as your fault.
If it were me I would claim against him if he was at all difficult about paying privately.
Incidentally regardless of it it is your fault or not you will more than likely have to pay your excess at least initially, and then claim the money back when his insurers pay your insurance company the money back if its all settled as his fault - unless you are with a nice insurance company like direct like, tesco etc who you can usually sweet talk into wavering the excess - your damned if your with norwich union. If you cant afford it use a accident management company - they will pay your excess and claim back their losses later as an added service to you over most insurers - they will also act as another fist in your corner as they will have a financial investment in fixing your car and your insurers wont want to pay out money readily to his - they will both fight for you.
and to the exceptional specimen of a male that came back with "woman drivers...." son, just hope I don't slam you up the rear myself as you know I would get away with it..... |
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bundysmom
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You have right of way over anyone wanting to enter a roundabout...he's at fault. The damage on his car proves he pulled in front of you. |
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Gilly
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I believe in all the time I've been driving that when approaching a roundabout that you should give way to the right, and if he pulled out then it would be his fault as he proceeded when the way is not clear.
P.S hope this helps.
Gilly. |
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Blue
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Technically its his fault as you had right of way. just make sure when you claim you make the point very clear that you didnt have time to react let alone stop. As he'll no doubt be claiming you were traveling too fast. |
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pups
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Your insurance co will tell you so until then do not fret. |
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WelshLad
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From my view his fault. But just leave it to the insurance company to sort it out. I know how you feel about £400, 4 years ago I lost £400 to excess even though it wasn't my fault and insurance even said that but I couldn't get it back because the other driver gave false details. |
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esmerelda v
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Leave it to the insurance company, the other guy will have his side of the story to tell them |
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haplesboylard
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I am having tyhe same exact arguement with my insurance company, over an identical crash.
Driving instructors, the local IAM branch, the highway code, roadcraft and the police all say the other person was to blame. As i had priority (rule 163 of the highway code)...
Unfortunatly, the other person is a woman, so ive been told the best i can expect is 50/50....
Go figure. |
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Mick
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It is his fault but will have a better chance if you have a witness who saw the accident . |
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twodogsdodinner
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The problem you have with a lot of these answers is that most people know full well that you give way to the right on roundabouts and so it seems to them that you are in the clear. The cold truth about these situations is that is fine as long as you have a couple of good independant witnesses that will make written statements supporting you or the other party admits all and supports your version of events. Unfortunately this isn't always the case and I'm afraid you need to listen to everything Joe R has said, I can not claim to be an expert myself but I know enough to tell that he probably is the senior technical claims negotiator he claims to be. |
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JONATHAN f
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Judjing by your description he is at fault. He should have given way to you no matter how fast or slow you may have been going around the round a bout. |
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Barking mad
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His fault, but why could you not brake, going to fast? |
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Alanrt1
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You can be dead right. Even if you have the right of way you should give way to the other vehicle to avoid a collision. Sounds like you need to pay closer attention to what is happening around you. |
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hustlercane
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idk |
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Puma Academy
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women drivers, god. |
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