My husband was driving. We approached a two land roundabout. There was a vehicle in the left hand lane with a 12ft trailer. We were in the right lane. Both vehicles joined the roundabout together. He accelerated fasted as he was taking the exit which was straight across. We were going slower as we were turning right. As we were starting to turn right the guy with the trailer started coming across into our lane and pushing us up against the kerbing on the roundabout. My husband broke hard and sounded the horn. The guy with trailer slowed down but scraped the side of our car with the end of the trailer. We thought he was going to stop but then he accelerated again and the end of his trailer caught at the near side of our front bumper and ripped it off. Are we liable?
2006-08-04 04:51:05 · 18 answers · asked by jcjw 2 in Cars & Transportation ➔ Insurance & Registration
It's his fault... the person who moved lane on that moment, is wrong. If you stayed on your lane, you did nothings wrong.
2006-08-04 04:55:22 · answer #1 · answered by Márcia 2 · 2⤊ 0⤋
This is an awkward one. If what you say is correct to the last detail,its my opinion that the majority, if not all of the blame lies with the other driver. The main difficulty i see is proving your case. Did you report the accident to the Police? Was there debris left at the scene so that measurements could have been taken and a sketch prepared? You are technically a witness but not independent so that will have an impact on your evidence but its still better than not having any witnesses. If you have been lucky enough to get the other vehicles details, then this should be passed onto police as the other driver has committed a number of offences, namely failing to remain at the scene of an accident and failing to report an accident(his defence maybe that he was not aware that an accident had occurred). Again, he has probably committed the offence of careless driving but this needs to be prooved. There that word 'proof' again. I am being honest when i say that this will probably be sorted out by the insurance companies. As someone said earlier, thats what we pay them for but i have a feeling that this will be counted a 50/50 accident. I hope that you dont think that i am preaching but i am a great believer in driving defensively. Give anything else on the road that looks like it can harm you plenty of space to do its own thing. Being in the right is one thing but i would rather not have to sort this mess.
2006-08-04 13:14:26 · answer #2 · answered by jonjosar 3 · 0⤊ 0⤋
Not an easy one. In essence if a vehicle is towing a trailer, the trailer will always move to the inside of the direction of turn, in this case to the right as the roundabout was circumnavigated. It is never good practise to enter a roundabout alongside and inside any articulated vehicle, be it a towed caravan, articulated lorry or a car towing a trailer. If the towing vehicle, the car, moved into your lane then your husband has a better case. If you have reported the accident to the police, which should be done as soon as is possible after the accident, you will be in the right as the other vehicle didn't stop, which, as you will know, is an offence in its own right. In my own opinion, and it is my own, both drivers were driving without due care and attention, or at best, without due respect for other road users. The moral, always give way and a wide berth to vehicles towing trailers on roundabouts and definitely don't get inside them as they begin turning. It's safer. Unfortunately if you didn't get the other vehicles number you will be liable for the cost of repairs. If you have an independent witness who is prepared to make a written statement this always helps.
P.S. Ex copper.
2006-08-04 12:19:14 · answer #3 · answered by Chariotmender 7 · 0⤊ 0⤋
No it sounds like you are not liable, if the other driver needed two lanes to make his turn he should have indicated so before hand and made sure that it was safe to do his turn,
Did you get his reg number, because he has committed an offence for failing to stop at the scene of an accident, or at least report it, If you give all the details to your insurance company they will sort it all out for you, there should be no need for you to worry about it, insurance companies fight it out between themselves and the customer rarely has to get involved.
Allways try and get witnesses however minor the accident, it helps a lot.
When you get in touch with your insurance co. detailed diagrams work wonders, make sure they show road signs, your direction and intentions, also the other drivers direction.
Good luck
2006-08-04 12:03:19 · answer #4 · answered by David 3 · 0⤊ 0⤋
Sounds like the guy with the trailer doesn't know much about pulling something.... I would think that he was liable, as he crossed into your lane. If the police didn't come to take a statement of the accident, and if the guy just drove off without stopping to exchange insurance info, I hope you got his license plate numbers so you can report him to the police. It sound like improper lane usage, or even reckless driving. His fault.
2006-08-04 12:01:03 · answer #5 · answered by j.f. 4 · 0⤊ 0⤋
Assuming the other driver did not join the roundabout ahead of you, he is liable. You were in the correct lane. He should have taken extra care because of the size of his trailer.
However, if he had joined the roundabout slightly ahead of you, then your husband should have taken care - the trailer was already there, and your husband should have been aware that the it might have caused you a problem.
2006-08-04 12:00:28 · answer #6 · answered by Neil 7 · 1⤊ 0⤋
You shouldn't be liable. The guys insurance should pay for this damage. If he didn't have a policy on the trailer, the liaibilty from the auto pulling it extends to the trailer. And to your car he hit.
I hope you pulled over, called the cops, and got a report. If you attempt to collect $$ from this guys ins. co with no police report, he could claim he's never seen you guys before.
2006-08-04 16:16:45 · answer #7 · answered by mktobyjo 3 · 0⤊ 0⤋
Its his fault, but its gonna be hard to prove it if he wants to argue it. Did you have any witnesses stop and give their details? Any CCTV cameras around?
You may find that without evidence to prove he was at fault, the claim may go 50/50, ie, onto both your insurances.
Hopefully he will be honest, but having worked in insurance a long time, I see a lot of claims where both parties deny liability and things have to go 50/50 responsibility.
Email me if you want some advice. there are ways around this.
lorraine xx
2006-08-04 12:03:59 · answer #8 · answered by lozzielaws 6 · 1⤊ 0⤋
I am afraid it is your fault, anyone who drives into the rear of any other vehicle regardless of whether the other driver was swerving is liable.
There is a possibility that you may get a 50:50 decision but it is doubtful
Sorry
2006-08-06 17:27:34 · answer #9 · answered by efcsted 2 · 0⤊ 0⤋
Sounds like the trailer mans fault, he does not sound like he was driving with due care and attention.
Some drivers are @r5eholes
2006-08-04 14:33:36 · answer #10 · answered by Anonymous · 0⤊ 0⤋
No you are not liable, you stuck to the inside lane and sounds to me he did what I always see he was on the outside and dfrits into the inside. I hope you had his reg mark/details and contacted your insurance.
2006-08-04 11:59:06 · answer #11 · answered by Anonymous · 0⤊ 0⤋