ACCIDENT Help needed!!!

[M-A8]

Guys, I've been involved in a accident this morning.
When we eventually stopped on the side road and I looked at my wheel I was devastated.
I knew I was right from first moment and let the couple know that straight away.
As they were elderly couple and outspoken man started to talk about their living in this area for 60 years I suddenly started to believing him in what he was saying, basically that I'm wrong, its my fault etc.
I really wanted to go to check that roundabout which was 200m away as I lived on the exact street where we stopped for few years so I something was telling me, no mate, I've done nothing wrong. I will put my foot down very often but I NEVER cut on front of people, take the exits from wrong lane etc. I do have respect to other drivers no matter who they are and whet they drive.

Plus the move I did was completely correct in my mind and ''natural'' because for few years that was the only way for me to get out from my street and I knew that roundabout very well.

Anyway, very quickly I admitted the fault. I offered pay them 200-250 now, they wanted at least 500 for a 01 plate fiesta, I said that is not going to happened. Reason we both agreed (at least Lady driver, more sensible one as he was just very mouthy) is even if is a non fault accident you still have to declare it. Then I offered to buy new bumper in silver and side wing (which I found out afterwards is welded), have all the bits delivered to they address and I will come and change it on they drive way, or just bumper and compensate them for the wing.

THANKS GOD, I think, guy didn't want to agree to anything on the spot.

Only after coming back home and studying Google maps I've realized very quickly, F@CK, I was right !!!

Basically we were entering the roundabout, I was behind, and I was following them on the left lane all the way until the left exit lane split to 2 lanes.

You can see the damage on the pictures and the map. I just tried to polish of the wheel and unfortunately I got a piece of they panel which scraped the rim so will have to be refurbished, problem is, it will never be same, color match, so refurb of all 4 will be required coz it really and will bother me.
Plus rear wing has a chip/scratch but impossible to remove it with polish.

Guys, could you just look at it and confirm that I am actually right and its their fault.

They even didnt indicated the right turn coz as they said they know area very well and that was the lane to take the Dartford exit.
Plus, you can take the left Erith exit even from the right lane and they hit me with they driver side and damaged my left passenger side.

I'm not trying to **** them up or anything, I just know that it will be very difficult for the old man to accept the fault as he is one of them proud guys which just dont accepts fault.
I've got huge respect to elderly people, this is how I was raised, my Grandfather had a huge influence on me and we were very close plus I never was one of those teenagers who will take **** from elderly, do something stupid to them or whatever. I would be always the first one to help elderly person, and I did yesterday, loaded a huge bag of sand for elderly women @ B&Q even if that was my first day after back injury, and few days ago I've seen disable elderly man strugling up the hill, so I stopped and pushed him all the way to his house and came back to the car.
I still will try to help them somehow, like fit their bumper on the driveway to save them some labour money and will try to push the panel out so its not that obvious.

I do feel sorry, I really do. Now there is a question f my wheel/wheels, plus scratched panel. I don't want to go through insurance company, especially my one, but if they will want to fix my car through the insurance would my insurer know about and would I have to declare it next year as non-fault accident and how could that affect me.

I followed them good 4 miles through series of roads and turns, and I was a bit frustrated, but even my Mrs said to always tale care around elderly drivers, she even read statement from highway code saying same thing, and I did, I didn't overtake them when I had two occasions, I just followed them to the roundabout waiting for another move, I did the correct turn without cutting any one with the indicator on from the correct lane.

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zoom of lane marking, clearly left lane is for ERITH/left exit only.
ALSO, even if I was taking left exit from the right lane I was allowed to !!! But I didn't, I was on the left lane all the time behind them and switched to the right lane on the actual exit/left lane exit. Green and red line above shows their and mine direction/line of travel
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[sarg]

I think I'd be on to my insurance company, doesn't look like you've done anything wrong, but it is difficult to be sure without knowing the road.

Commisserations on your bump, am sure you'll get your 8 sorted out quickly enough, chin up mate

[gninnam]

Ouch

Is the lane you were both in actually marked for that turn only (as I couldn't see it on the map)
If it is then you are in the right.
If not then - if they did not indicate that they were not taking that junction then again I would say you are in the right.

Difficult one and insurance will take for ever

[M-A8]

Cheers chaps

Well, lets say it this way. I was going Erith way and they were heading Dartford.
Left lane is marked for Erith exit only, right lane Dartford AND Erith...so I was allowed to take that exit from either lane, right ??
They were heading Dartford which is right lane only, they never switched from left lane and even if they would go against it the damage clearly shows that they hit me from the left so even if I was on the right lane not following them until left exit lane splits to two lanes I was still allowed to take that exit.

They were not intending to change the lane as they were sure they can take Dartford exit from the left lane, lane markings and general rules clearly say that you can't take the right/last exit from the left lane, right??

Also, even if they were unable to change to right lane as they should, there was opportunity, they can't just wait until the last moment and cut the exit from the roundabout because they are not taking this exit and there are other cars around, right??
They should make that move to the right lane before getting close to the exit even if they would have to slow down and wait for a gap, waiting until the last minute is just dangerous.

>>>>

Shall I report this to insurance company asap or wait until Tuesday when I will be seeing them about their car as we agreed, to see if they understand their fault and come with some sort of agreement???

I've never been involved in a accident so I'm completely yellow in this subject, how does it work, will it effect my policy next year even if its not my fault???
I have NCD protected??

In this case how insurance company will make the decision????
Will it take forever???

[Norretal]

Sorry to hear of your misfortune mate, hope you get sorted soon

I had a similar accident exactly three years ago, someone drove right across the front of me trying to turn right on a two lane roundabout while in the left lane. The road markings told me I was right, 30 years of driving told me I was right but the police who attended the accident didn't want to know, once they knew nobody was hurt or we weren't under the influence. Despite it being very busy nobody stopped and that was where I went wrong. If I'd stopped someone and asked them to be a witness I'd have stood a chance because they would have confirmed he was in the wrong lane for the manoeuvre he was attempting. It ended up with him denying any blame, the insurance companies declared it 50/50 and that was that. Very frustrating and the sense of injustice is the hardest thing to take, especially when you know you did nothing wrong.

Personally, if you're not going through your insurance companies I'd sort your own car out and let him do likewise, if you doing anything for him it would appear you're accepting blame.........I'd probably seek some legal advice if I was you.

Just my views, I'm sure others will think differently

[Norretal]

Just seen your latest post Marcin, from my experience the insurance companies will rub each other's backs and will be the only ones to gain. We have a company called Winn's up here who handle your claim if you have a non-fault accident AS LONG as you call them before your insurance company. They are specialist accident solicitors and take care of everything from start to finish. I'm not sure if they're North East only but it must be worth a call (0800 988 6288) I found out about them AFTER I'd spoken to my insurance company, which was too late. I know people who have used them and they take care of everything, and much quicker than the insurance companies.

It's got to be worth a phone call and maybe they could advise a similar company if they're not in a position to handle your case?

[limoncello]

looks like a tough one to call, insurance companies say you should never admit blame at the scene, and as someone in the above posts said this is likely to come out 50/50 with the insurance, its not going to be alot of money and will cost them more to get to court so you can expect it to come out that way anyway unless there are clear markings that they were in the wrong lane, but i wouldnt accept blame for this so easily.

and, who cares if youv'e been driving 60 years in the area probably only means you need a sight test done right about now. and 500 for a 01 fiesta the whole cars worth about that. better of with the insurance if you have the ncd, but be very clear that it was not your fault, any deviation will likely go against you.

[M-A8]

Again, massive thank you to everyone who threw their opinion on the table


Quick update and additional info.

When I said I admitted to being in fault, it wasn't actually written or anything like that. It was verbal but I didnt actually mentioned the word blame I was just getting straight to possible solutions to have this sorted with both of them.

In regards to knowing the road, thats one thing, but road markings are there for a reason same as the highway code. You can't carry on driving on the left lane when you are about to take almost the furthest exit, correct??
That's why road markings and signs play the big role.

Norretal, mate, massive Thank You for your advice, I actually spoke with them 20min ago, they've got all the details and will give me a call first thing Tuesday morning before going to the couple talk about how we gonna solve this. Couple obviously don't know yet that I realized who is in fault.

Lady happily spend with 25min on the phone discussing the case and all the evidence. Specialist will be in touch Tuesday as mentioned above.

Now, the question is, how do this accident solicitors work, who pays their fees, what are the fees, what is more likely going to happen??
I've never had to deal with sh@t like that before in my 14years of driving, so I am a bit thick in this matters.
Any advice will be very much appreciated


Also, I want to pull a cheeky spy move on Tuesday just to protect my self, even if I'm still going to offer them a bumper replacement, I want to record a video by holding my phone in unsuspicious way and show the lady a printed google map and just ask her to remind what lane she was in to make sure I wont do this mistake again in the future. If she does, and I will record the whole visit there, which will involve their faces and whole conversation which may go a bit out of control because of the outspoken man, this may actually help my case if even solicitors will decide is a 50/50 without a proof of them admitting to what lane they were on during the accident and which way they were traveling.

Not the move I may be proud of afterwards, but I'm just not sure about the guy, I'm pretty sure he may change the story during the investigation and then I may lose it just because they are elderly, don't know, kind of stress about it due to the attitude of insurance companies this days.

And I wont be paying any extra premium, excess or whatever if I'm not at fault.
I just feel very uncomfortable as they are elderly people and you know, I'm a bit soft with old people

[Norretal]

Winn's are a "no win no fee" company and wouldn't take on your case if they thought you were in the wrong.

I can understand your sentiment with them being elderly but imagine if it was a young chav in a Corsa (which mine was) then the rights and wrongs become the priority. I hate to see injustice, which is what prevailed in my case. I don't mean to be disrespectful but is/was the driver fit to drive?

[sarg]

Regarding the videoing, it absolutely cannot be used as evidence UNLESS they are aware it is being recorded. I'd do it, but ask for their permission, and make sure you record them granting their permission.

Regarding the insurance, I am afraid you are duty bound to tell them about it whether or not you are to blame or even whether or not any claim is involved. Failure to disclose would likely result in ANY future claim being declined. Sorry this is not the news you want, but it's important.

Reminds me of this story

http://www.bbc.co.uk/news/uk-england...shire-27204689