Who’s liable for roundabout accident?
I was involved in an accident when I avoided hitting a van that changed suddenly into my lane on a roundabout. He was on the inside lane in very slow moving traffic (around 5mph), and I was between two exits. Due to me having to avoid the van the bike hit the ground and I came off.
The other driver did not indicate before turning and denied responsibility.
I contacted my insurer and they said I am at fault as I avoided a collision with the other driver! I don’t accept this as the reason for my evasive action was due to their sudden change in direction without indication!
Jason, Hove
Answer
Your insurer is wrong. If the other driver did not indicate or look properly and simply cut you up then it is likely to be mostly his fault if not entirely his fault. However, there was an unhelpful Court of Appeal case in 2003 called Grace –v Tanner which was decided as equal blame. Court of Appeal case decisions are binding on lower courts in cases of similar facts. As a result many roundabout accident cases are settled on a 50/50 basis. A lot of the time they should not be due to the individual fact sensitivity of each case. In your case, you should do better than 50/50 and hopefully you will succeed in full. I would need all of the evidence to be more precise on the likely liability outcome.
Download
