an unfortunate incident.

[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.

[Grahamm]

Tricky.

As far as I'm aware, there's nothing that says you shouldn't temporarily block a roundabout, it's not like a Box Junction where you must ensure your exit is clear before you proceed into it.

The question is, then, did he fail to give you priority and should you (could you) have stopped before hitting him which would all depend on your relative positions and speeds when he entered the roundabout.

Personally, when I'm approaching a roundabout, I'm always looking for other traffic and thinking "if that guy coming from the left doesn't stop, will I have to take avoiding action?" and plan for it before it happens.

[andybesy]

I think it's poor form not to clear a junction quickly, as it can cause problems such as this. Sometimes drivers just linger due to distraction when they should be making progress, other times they've entered a junction when their way is blocked.

But ultimately I fear the responsibility lies with the rider, you have to allow enough margin for error such that you can avoid a collision in the event if the unexpected.

Do sympathise, it's a mistake we could all make, and I'm glad you and the bike are okay

Why did he stop?

Andy

[johnakay]

yes I stop and waited for him to turn around and followed me. we just exchange names and address ,that is it.
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.
this model...

[Val]

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.

Why do you say 50/50? Its 100% his fault. That is one of the few cases were Highway Code is very clear:

Rule 185

When reaching the roundabout you should

    give priority to traffic approaching from your right, unless directed otherwise by signs, road markings or traffic lights

If he was on the left side you have clear priority and he MUST NOT in any way force you to brake or change direction because of his actions.

Make a claim for new crash bars. Tell him its 100% his fault (which clearly is by Highway Code) and tell him you are not paying anything.Give him your insurance company and tell him to deal with them

Even if it was your fault you still do not need to pay anything. Your 3rd party insurance will cover all.

The worst way of handling that is to admit guilt and start handling that outside the insurance. Never ever do that! Even if its for some small amount say £100 for bumper re-spray. Do not do that.

Because by doing it you will open can of worms here and potential further claims for thousands of pounds. INB4 whiplash claims coming your way two years later for £10000.

[Bretty]

Isn't it like when someone pulls out on you on a junction. If you hit the side of their car, it's their fault. If they get all their wheels out of the junction and you hit the back of their car it's your fault, as far as proof goes.

In theory, you've driven in to the back of someone that was already on the roundabout. As apposed to them pulling out on you, no? Did you hit the side of his bumper or the back of his bumper?

I will admit, I don't really know what I'm talking about.  :rolleyes :rollin

[Millietant]

At those slow speeds, I'd suspect the law would have you in the wrong - if you hit the rear section of his car. On the basis that, if you had left sufficient distance between you, relative to your speed, then you would have been able to stop.


It's basically like that on nose to tail bumps, where the driver of the vehicle which hit the rear of the other vehicle is always at fault.


You might (rightly) feel aggrieved, but that's the way it could be.

[sadlonelygit]

make him get 3 quotes as well.

However..............i would be claiming off him for damage to your bike as he was clearly in contravention of rule 185, plus he forced you to take avoiding/evasive action, which puts him in the wrong. was the road damp, low sun etc.

1st rule of a RTC is never admit responsibility. show concern, say 'i'm so sorry. are you OK' but NEVER EVER, BLOODY EVER admit liability.

Jaaaaag drivers are right up there with Audi/BMW owners when it comes  to bellendish-ness

[taylor]

I would guess your fault and he wants a full re spray so it matches perfectly,    loss of coulour through sunshine. 

[Slaninar]

If you have video, or witnesses that he got in front of you, blocking your right of way, then you could prove yourself to be innocent.

[johnakay]

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

[johnakay]

neither of us admitted anything.
with having no witness's I could come up that he tried to get in front blah blah.
to tell you the truth it happened so quick so not so sure what happened.

[Skippernick]

That last description would put it down as his fault, his way was blocked and your way was clear until he put a shitty jag shaped block in the way. Common courtesy says don't block other peoples progress if there way is clear.

[johnakay]

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 withhold 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 gonna do??
its his words against mine and I'll have no problem mustering a few witness.
so the question is the insurance how and what can they do??

[Slaninar]

In my country: if it's a split responsibility/fault, insurances are free - no one gets anything. Not sure about British laws. But traffic law says it's his fault - if you have reliable witnesses. If not, you hit him in the back, your fault, no matter what you say. Unless he's stupid enough to admit pulling all the way in front of you quickly. There was a guilty charge in my country with that statement. The guilty driver said: "he hit me in the rear, it must be his fault, I quickly pulled all the way in front of him so hi hit me straight in the rear (LOL)". The driver behind confirmed: "It's true, he pulled all the way in front of me, I had no time to break, so I hit him".

[sadlonelygit]

his excess will be more than that, so i would be tempted to wait him out. also, if you do not contact your insurance, it turns into a civil suit which means a nightmare for his insurance company as all they can do is write you rude letters whilst you claim HC rule 185.
you hold all the aces and he's trying to call your bluff.

[Punkstig]

Bollox - he's pulled out on you on a roundabout failing to give way to the right- that's the story stick to it!

[slappy]

Aren't you supposed to inform your insurance of any accident  even if you aren't making a claim?

[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 que and he left a gap on his left for those on his left wanting to go right.
I have no intention of contacting my insurance and I dont see why I should.
at the end of the day its his words against mine.

[Punkstig]

I've used lampkin and Co several times for my accidents- 01244 525725
I believe several other people on here have used numerous other solicitors or accident compensation companies so the choice is yours, if he's saying it's not his fault though you'll have to get representation from either your insurance or one of these companies!