Fault liability from insurance company

starfarer

I recently gave advice and help in writing statement on this accident. Today they received mail from insurance company saying the claim has been settled on own fault basis. I'm surprised with this conclusion.

Map location . This is a two lane splits to 3 lane at roundabout. The road markings has left lane for straight ahead and left, right lane for straight ahead. Claimant were on left lane heading straight on 2nd exit towards North Greenwich station. Third party were travelling behind on right lane but intending to take 1st exit towards Blackwall Lane. As the claimant were pulling out from roundabout and driving ahead on left most lane, the third party made left turn resulting an accident.

Reasons for fault:
1) Claimant on wrong lane for 2nd exit as the left lane is for left turn only towards Blackwall Lane
2) Third party were on correct lane. Doesn't says which exit they want to
3) Dashcam footage shows claimant attempted to pull into right lane

I could be wrong as these claim people are more experienced in handling these on daily basis. Anyway want to get AVF's opinion.

Dashcam Footage
Dashcam - Approaching Roundabout

Hpi_matrix

So the third party drove into the claiment? Surely there was no way for the claiment to avoid the accident unless they were in the same lane as the 3rd party?

starfarer

On claimants words, yes and like all claims, it's figner pointing game to each other. That's why I've tried to present only the facts above for member's thoughts.

TheHighFlyingBirds

Claimant was in wrong lane if they were in far left lane which is for 1st exit only and they were trying to go to the 2nd exit, therefore their own fault. It sounds like third party was in wrong lane also and lacked lane discipline, but this does not negate the claimants own error. I would imagine both parties were deemed to be at fault.

starfarer

Thanks as I've also at times used the left lane for NG station. But how can you say left lane is for 1st exit only? there are no road markings or signs to indicate such.

To add, I've also attached screenshot Roundabout1 showing direction markings on road. the 2nd exit is dual lane.

lowmans100

Looks like each exit off the roundabout has two lanes, so entry lanes 1 (left) and 2 (middle) can be for straight on, lane 3 (right) will be for turning right. The roundabout looks to have space for 3 lanes even though these are not marked.

Were the claimant and third party in entry lanes 1 & 2? If the third party was in lane 2 planning to turn left then they were in the wrong lane.

Where I live we have these types of roundabouts and in rush hour the queue for lane 1 (people mostly turning left) gets really long so the impatient use lane 2 to turn left because most of the time the person in lane 1 is also turning left. It gets interesting when the person in lane 1 goes straight on and the person in lane 2 is forced to go straight on or turns right all the way around the roundabout and on occasion or tries to cut in front.

starfarer

That's what I always assumed to be in this roundabout (lane 1 for left   2nd, middle for 2nd or 3rd). Yes third party were looking to get into 1st exit to Blackwall lane. Let's assume third party's exit is unknown as claim department has not made it clear on their reasoning, how does the dashcam footage linked on 1st post make of each party's case?

IronGiant

Your claimant should have gone left only, and turned into the side of third party who was legitimately using the second lane.

TheHighFlyingBirds

Sorry thought that was the case based on your op, point 1. If no signage or markings then claimant should be in the clear, provided they maintained lane discipline.

However, point 3 says claimant tried to pull into right lane as shown on the dashcam. So if this is the case then it could be a lack of lane discipline, i.e. they cut the roundabout rather than keeping over to the left. This therefore would mean the claimant is at fault.

With regards to the third party trying to take the 1st exit, there seems to be conflicting versions. The claimant seems to think the third party was trying leave at 1st exit from the wrong lane, but the claimant doesn't state which exit they were taking; if the dashcam doesn't show the third party attempting to take the 1st exit that would indicate they were not trying to turn left.

lowmans100

Here you go.
Lane 1 - turn left and straight on
Lane 2 - straight on and right
Lane 3 - right only