road accident fault???

[johnakay]

yesterday I had an unfortunate incident.

I was approaching a mini roundabout as I wait to go straight a head.

a car on the left cross in front of me(nothing wrong in that) but he stopped right in my track I couldn't avoid him so clipped his rear bumper.

just scuff marks on his bumper and my crash bare dented in by about 10mm.

I was traveling at about 15mph so we didn't come off.

this was in whitby and I was going towards the train station a popular bikers cafe.

who would you say is at fault.

personally I think it was 50/50 but the bloke was adamant that it was mine.

I said you blocked my right of way and if you couldn't make it all the way then you shouldn't of crossed.

[Glorian]

Right of way i believe at roundabouts works on who was at the junction first, If he had started his manouver, you should not have entered the junction untill it was clear.. i'd be inclined to agree it is your fault.

Offer to pay for the damage if it's minor a new bumper or some work on it will suffice i'm sure. Just remind him that it will increase his premium if he claims to, so it's mutually beneficial to settle out of insurance.

[Gin]

*Waits for TC46728346 to weigh in..*

Just so I have this right..

You as the star, car as the orange shape.

Car pulls onto roundabout and then stops, causing you to clip the rear bumper?

[Joeman]

You rode into a stationary object becaue you wrongly assumed it wouldn't be there..

Lack of forward planning?

Lack of concentration?

[funinacup]

Do not enter a roundabout unless you can be sure your exit is clear. Your fault I'm afraid.

[Six30]

Do not enter a roundabout unless you can be sure your exit is clear. Your fault I'm afraid.

 

Yeh ... but the bloke in car stopped half round so he's done the same.

[Glorian]

Do not enter a roundabout unless you can be sure your exit is clear. Your fault I'm afraid.

 

Yeh ... but the bloke in car stopped half round so he's done the same.

 

He's most likely looked, Realised it's his right of way as nobody to his right is at the junction. Starts his manouver and along comes a bike to fast to stop and panics slamming on his brakes.

[funinacup]

along comes a bike to fast to stop

 

Most likely correct. If the OP couldn't stop or avoid then likely too fast/poor observations/poor forward planning.

[johnakay]

so none of you make mistakes eh?

I stop and waited for him to turn around and followed me. we just exchange names and address ,that is it.(insurance is not involve.)

no witnesses etc so its his word against mine.

I could of rode off but didn't.I dont mind paying as long as it is reasonable.

by the way its an old jag but not classic so no doubt he'll want a full respray of the bumper.

Edited June 22, 2016 by johnakay

[Glorian]

Nobody said we dont make mistakes, we're pointing out that YOU made a mistake (which is what you asked our opinions for). Learn a lesson from it, approach roundabouts slower, you never know when someone will just ignore it completely.

And i have no doubt he might want a full respray, it's fair enough you've damaged his car. Either work with him or go through insurance.

[Joeman]

Everyone makes mistakes, the trick is to not make the same mistakes twice...

You will have learnt something from this, just wait until the next time you join a roundabout, it will pop up and remind you to keep a safe distance, and not to trust car drivers!!

[MrBrightside]

Need more info...

Car on left? How far were you from roundabout when he entered?

Why did he stop?

Did he have to stop in that position?

How fast was your approach?

Could you have realistically stopped in time?

Weather?

Too many variables to make an informed comment...

[fq-craigus]

Sounds like your describing this accident as before you enter the roundabout??? Am i right? If so you have gone into the back of him as your both travelling same direction so your fault. How ever if he pulled out on you on a roundabout i think we know the answer to this..... He is at fault

[MR_W]

Was going to say if you were to the right of him on entering the roundabout he failed to give way to you. He also entered a roundabout with no clear exit. Makes sense if he drives a jag like that.

Sent from my SM-G935F using Tapatalk

[johnakay]

it was roughly 15 yards or so maybe less,short distance so no time to get out of the way.

if I had been careless with my throttle and open up to go quick I would've come off but I kept the bike upright.

its one of those mini roundabout.

driver came from the left of me and I already started to move when he to moved.

very busy road and tail backs etc due to road works at the top of the bank going out of whitby.

it looks as though he stopped and left a gap for cars turning right on his left,thus partially blocking my path.

my understanding is that the driver shouldn't of entered in the area unless it was clear.?

it was a supper facial damage most of it could be polished out but no doubt he'll want a full respray of the bumper.

also there was some marks on the other side of the bumper which wasn't done by me.

yes I know no excuse but there ya go shit happens.

Edited June 22, 2016 by johnakay

[Stu]

my understanding is that the driver shouldn't of entered in the area unless it was clear.?

 

that goes for you too if your exit wasn't clear then you shouldn't have entered either

but then if he did go from your left and pull across the front of you then shouldn't he have given way to you in the first place?

[MR_W]

my understanding is that the driver shouldn't of entered in the area unless it was clear.?

 

that goes for you too if your exit wasn't clear then you shouldn't have entered either

but then if he did go from your left and pull across the front of you then shouldn't he have given way to you in the first place?

That's what I am saying stu. Sounds like he didn't give way. Therefore car in wrong.

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[Glorian]

Description sounds hazy AF...

If you were both at roundabout at the same time, then yes it was your right of way and he is in the wrong.

If he was at the roundabout first and started his manouver, but you were going to quick to not enter the roundabout and avoid hitting him, you're in the wrong, regardless of if he stopped.

[bonio]

Let me try to get this straight in my mind. As you came up to the roundabout, was the jag stopped at the junction of the roundabout with road off to the left? Or did you both approach the roundabout and arrive at more or less the same time?

And another question - just to be sure - did you stop before entering the roundabout or did you enter it without stopping (given that there were no vehicles coming from the right)?

[onesea]

Now I maybe wrong here, but it did get me to check my Highway code.

If its like the orange blob green star drawing...

On roundabout you give priority to traffic on your right.

As long as you entered roundabout and he was not on it he should of given way to you, he made the mistake by trying to cut ahead and not giving you room.

I cannot see where it says you not need a clear exit. I see it as such enough space (a gap) to safely join flow of traffic on roundabout, once your on it if traffic slows or your exit becomes blocked you slow/ stop and are stuck... If you see your exit is blocked it is good practice to wait until its clear if possible.

The highway code says In all cases watch out for and give plenty of room to traffic crossing in front of you on the roundabout. Which you should (of) but at the end of the day he misjudged it I agree 50/50 would seem reasonable.

[Gin]

Description sounds hazy AF...

 

Now I maybe wrong here, but it did get me to check my Highway code.

If its like the orange blob green star drawing...

This is allllllllll why I asked for clarification..

And also why I didn't comment much more... Cos this is an opinion post..

If there was pictures, video or Anything else to go on (even a decent, clear description like we had from Min a week or two ago) then I would have something to work with but.. *Shrugs*

[MrBrightside]

Which is why I can't go further too...

[TC1474]

Which is why I can't go further too...

 

And this is what I do for a living (motorcycle crash investigation) and I am not even prepared to make comment.

Insufficient information and facts

[onesea]

Which is why I can't go further too...

 

And this is what I do for a living (motorcycle crash investigation) and I am not even prepared to make comment.

Insufficient information and facts

 

You guys aint as much fun as another forum I am a member of, there ColReg threads can go for weeks assumptions made hypotheses drawn

...

Whats even better is you can wait for it to start calming down, post one post and of it all goes again

The only thing that is reliable is it will be the OP's fault

[johnakay]

he was on the left at the roundabout and from what I can remember we both pull out at the same time so in theory I had right of way.

he stopped because he couldn't go any further as there was a queue and he left a gap so for those on coming his left wanting to go right at the roundabout.

there was a lot of traffic and a big queue at the bottom of the bank going up,at the top there was road works which cause all the tail back in all direction apart from mine.wife said she saw him pull out as I was moving off and yes I did stop and then pulled out when all is clear.

everything happened so quickly.

anyway thanks for the replies...

got a phone call this morning through answer phone as we were not in.

he shopped around found the cheapest respray £204 and said that if doesn't hear from me he will then call the insurance.

now I'm not trying to avoid anything but why withheld his no??

I cant contact him as I've lost the card with his details.and if he does go through with the insurance what are they going do??

so the question is the insurance how and what can they do??

from what I can gather they'll just write to me.