Insurance claim with no witnesses, 50/50?

[Tristan.]

Well that was extremely frustrating

Cold hard facts
https://i35.photobucket.com/albums/d170/tristanthe/Crashimage1.jpg
I was approaching the roundabout from the NE in the central lane. LH indicator on, passed a couple of cars on the approach and turned in a completely acceptable way to go into the RH lane of the 1st exit. Just before I exited, a Mercedes who had just entered the roundabout from the LH lane carried straight on, as if he was heading for the 2nd exit. We collided, I brought the car to a stop as he went up the RH lane of the 1st exit and stopped (parked on the central embankment in the RH lane)
Teh Roundyboat
https://i35.photobucket.com/albums/d170/tristanthe/insurance2.jpg
So the two shades of green lines show how it should work. The red and orange deviations show what actually happened (me orange, him red)
https://i35.photobucket.com/albums/d170/tristanthe/Snapbucket/D2EB0C59.jpg
Skid marks show initial impact placed me in the right place for going from the middle lane to the RH lane. (I was taking the same path as the Audi, and skid marks are from when he hit me to coming to a stop, I think they're mine at least, to be fair there's a lot of tyre marks there)

Anyway I walked up to his car and we agreed to pull into a lay-by.

He was a late 40s Indian chap, perfectly good English though. Literally had no idea what had happened, couldn't tell me what lane he was in and kept repeating that he was going to Coventry and I was in the wrong as he had no idea where I came from. I started explaining how the roundabout worked, showed him several pairs of cars coming round and managing to successfully circumnavigate the roundabout without colliding. Explained he was definitely in the LH lane and I in the centre lane. Eventually got through to him how it worked then said "ok, so now you understand, what lane where you in?"
"I was in the centre lane"
"no, I was in the centre lane, you where in the LH lane"
"no I was in the centre lane"
etc etc etc. Massively frustrating as his version of events made no sense, he just knew at this point that he shouldn't admit being in the LH lane. (He also said several times "ooh mine will cost a lot more to fix, ho ho ho" dick)

So it was clear he had no idea what actually happened, but was going to blatantly lie to try and be in the right, so I calmly and politely told him I knew he was lying to my face and intended to commit insurance fraud, wished his wife a nice day and left.

No witnesses, so I'm pretty sure this'll go 50/50, how exactly does that work? The damage to both cars is added then half of it comes out of both our policies?

Insurance will ring back on Monday. Anyone had similar and they've actually bothered fighting against 50/50? The damage to the cars kind of shows that I was ahead of him, not sure if that'll help out though
https://i35.photobucket.com/albums/d170/tristanthe/Snapbucket/20125D11.jpg
https://i35.photobucket.com/albums/d170/tristanthe/Snapbucket/DA632F45.jpg

[P.addy]

So what you mean is you were already in the right lane, he came across with no indicators and hit your car.

If he wants to play teh lulzy "I r insurance frud" then cover your arse by being established in your lane.

That said, I'd never do that roundabout as you've written, if I want to go left, I'd be in the far left lane and merge into the right lane when needed, too many accidents happen like that.

[lihp]

You didn't check mirrors before turning off the roundabout?

[Itchy]

So you didn't call the police?
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[Tristan.]

[lihp]

Any photos of lane markings? or road signs?

[Itchy]

[Ste]

50:50 means you both get half you damages paid for by each others insurance and you both have a claim to declare.

I expect he'll be reporting neck pain as well.

Bit late now but I'm guessing that discussing it with the guy at the roadside has helped him get his story worked out.

[Kickstart]

Hi

Assuming it is this roundabout :-

https://www.google.co.uk/maps/@52.410496,-1.436881,3a,75y,180h,90t/data=!3m4!1e1!3m2!1sY1kY-NI70Jt3MxXYGATbuQ!2e0?hl=en

I can't see any markings directing traffic to particular lanes.

All the best

Keith
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[P.addy]

If it is that one I'd definitely be in the left lane.

[Minty]

I was taught to not take a middle Lane onto a roundabout for this very reason. The left Lane for left or straight on, the right to turn right. The middle is just a grey area for things to go wrong.

Certainly has 50/50 written all over it.
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[iooi]

[weasley]

The possibility exists that someone will go straight on from the LH lane, so if I were using the middle lane to turn left I would want a cast-iron guarantee that the car to my left was turning left. Since such things don't exist, I would either use the LH lane, or use the middle lane but make sure I was never alongside a car on the left of me.

OP says the car "changed lanes" into him, but there are no lanes marked and all I see is the third party carrying on in his own 'lane' and OP turning left into him, or across his front.

There is no mention of whether or not the third party was indicating left or no. If not, I would be grateful for a 50:50.

Poor obs, poor anticipation, lesson learnt, yada yada.
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[MC]

I wouldn't discuss anything with the other party at the scene, they're either the type to hold their hands up and admit liability, or lying scum so whichever way there's no point.

On that roundabout I wouldn't expect a car to go straight from the left hand lane, but you never can tell what some mongs are going to do. I saw some Asian woman take a multi-lane roundabout cutting across every exit from the left.

If he's gonna lie it's going to be difficult to prove otherwise, I guess just try to make your case as strong as possible with the pic of the skid marks etc. Good luck.
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Honda XR-125L '04

[Rogerborg]

The truth doesn't really have any bearing on it. There's just your story and his.

50/50, get a dashcam, don't trust other road users to show any common bleedin' sense.
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[Tristan.]

I absolutely admit I could of taken steps to not have the accident, by not using half the road designed for the junction. Lots of crashes could be avoided by using half the speed limit.

There's three lanes leading into the roundabout and three lanes leading off it. When you know it it's obvious how it works, I know the flow of traffic doesn't make it right. But there is literally a constant stream doing exactly the same manoeuvre I did. Most of you seem to be defining the 1st exit as 'turning left' when it's more similar to going straight on because of the angle of the a46 south leading onto it.

[Nexus Icon]

If he claims you turned suddenly into him while he was on the outer ring of the roundabout and you were inside him there's going to be very little you can do to swing it from a 50:50, at best.

That said, I've 'won' a claim under very, very similar circumstances to yours purely because the other party was honest enough to say they'd fucked up. I'm sure that type of person is few and far between though. If they'd claimed I'd swung across into them there would've been no way of disputing it.
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[Tristan.]

The main thing I was really asking is how exactly a 50/50 claim works. From what Ste says it sounds like (assuming both cars are write offs and he is tpo)

I get half the value of the micra ~£300 he gets half the value of the merc ~£2k both less our excess I then have to declare a £2k claim for 5 years?

£300ish excess so essentially I lose my car for taking a very slightly risky way round a roundabout. Meh. Shit happens.

However if 4 whiplash claims come forward I will be Pissed Off.

[open]

I had a VERY similar thing happen yesterday. First collision I have ever had.

Will post paint pic in a min.
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[Hetzer]

You should have been in the left-most lane for turning left, he should have been in the middle or right-hand lane for going straight on. You were both at fault.
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[Tristan.]

[Hetzer]

[Tristan.]

The 1st exit is much more 'straight on' than the 2nd exit though.

I understand why the accident happened. But I maintain that I was technically completely correct. I know that's not a lot of use here hence why I accept it'll go 50/50.

[Hetzer]

[P.addy]

Being technically correct and dead =/= being 100% correct and alive.

I wouldn't go anywhere near that middle lane, as a reference this is a similar roundabout near me, left is left only, middle and right are for going round, no one dares use the middle lane for left.

https://goo.gl/maps/7q5T7

In fact, I'd go as far as to say that the way yours goes from 2 to 3 lanes would signify the same ruling, 2 for straight on and 1 for left only, only a mad man would risk the middle lane.