[Icekube]

So ive not long bought my E91 (bought it 05/05/13) and not even 2 weeks of ownership later, a nice motorcyclist decided to crash into the passenger rear qtr on a roundabout.

wasn't a suitable place to stop (major roundabout on a dual carridgeway) so we had to drive to the next off ramp, and as a result i couldn't get an witnesses.

so once at the side of the road, the guys un-injured, and admits he didnt know where he was going, said sorry etc, offered insurance details, everything was very amicable.

so heard back on Friday, he is claiming that i cut him up, and as a result, its went 50/50 as its my word against his.

here is a picture of the roundabout, with the routes both parties took, i being the blue line, he is the red line.


guess im just having a bit of a vent/rant, but anyone had this happen to them, is there anything you can do?

[sylonien]

Happend to me twice in my 9 years of driving.
But both times I luckily managed to manically swerve away and just JUST avoided being smashed into on the very last moment.

Once when I just passed my test and once very recently in my new M3 on my way to get the oil service done at dealer.

Something saved me both accounts, but not me. Angel? Weird spider sense or something else. But it happened so quickly that I didn't really have time to think and to process.

Sorry to hear though! I was shitting myself both accounts. So close.

[z19930612]

Originally Posted by Icekube

So ive not long bought my E91 (bought it 05/05/13) and not even 2 weeks of ownership later, a nice motorcyclist decided to crash into the passenger rear qtr on a roundabout.

wasn't a suitable place to stop (major roundabout on a dual carridgeway) so we had to drive to the next off ramp, and as a result i couldn't get an witnesses.

so once at the side of the road, the guys un-injured, and admits he didnt know where he was going, said sorry etc, offered insurance details, everything was very amicable.

so heard back on Friday, he is claiming that i cut him up, and as a result, its went 50/50 as its my word against his.

here is a picture of the roundabout, with the routes both parties took, i being the blue line, he is the red line.


guess im just having a bit of a vent/rant, but anyone had this happen to them, is there anything you can do?

No CCTV？

[Kerr]

That's a shame.

Not as if the Edinburgh bypass isn't well marked out.

Nice to see another Livingston member. That's my hometown although I'm up in Aberdeen now.

Still down the road a lot.

[makkan00]

I had the similar incident but despite of a bike, it was European truck driver (possible partially blind).
Similar situation and he wanted to go straight where I was taking the exit. Indicator was still on but being LHD or don't know why he missed my car and NS rear panel was damaged.
To cut the long story short, not witnesses therefore it settled as 50/50 two year down the road. And my premium went up!

[safety_james]

This sort of thing really annoys me, and gives me more reason to consider a road hawk.

Gutted for you!

[djgandy]

The only thing you can do is grab your phone and take a load of photos right after the crash clearly showing where your vehicles were after the incident. Unfortunately unless you can find witnesses or CCTV (there must be CCTV on that junction?!) it is just his word vs yours.

[MEGA]

If it hit your passenger rear quarter it sounds as if you cut in on him / closed off his space. You're lucky it didn't go 100% in his favour.

Take the 50/50 on the chin: Curse insurance companies (I have a similar situation going on at the moment except it's much more openly "not my fault" than how your situation sounds.. ) and move on.

[IanS100]

Last year I was threatened with prosecution & pursued by an insurance over an accident in which I was not involved and which I knew nothing about - it took 6 months of phone calls, arguing, photographs of my undamaged car and an engineers report before it was accepted that I was not involved. I pressed for action against the other driver because it was clearly a complete fabrication, but it was put down to mistaken identity

[djgandy]

Originally Posted by MEGA

If it hit your passenger rear quarter it sounds as if you cut in on him / closed off his space. You're lucky it didn't go 100% in his favour.

Take the 50/50 on the chin: Curse insurance companies (I have a similar situation going on at the moment except it's much more openly "not my fault" than how your situation sounds.. ) and move on.

How's that? The picture of the roundabout shows two lanes that exit onto a dual carriageway. The motorcyclist has failed to exit and instead merged into another lane hitting the car.

[dobbo99]

I had this years ago, I was going down a filter lane to turn right, and someone pulled right into said filter lane without looking. he admitted everything there and then, and a police car even stopped to ask if all was ok to which we both said yes, so they drove off.
got home called the insurance company, all was well for about 3 weeks, then the guy decided that he wasn't even there and Id made it all up.

as I had his address, I went round and knocked on his door (2 x 6'4" blokes on your doorstep seems to have an impact!) which was a little short sighted from me when I think about it now, but after a little persuasion he admitted it was his girlfriends car and wasn't insured to drive it, and offer me cash to get in fixed and keep quiet.

now, I would have just shopped him out of principle, but at the time I was just a kid with a damaged Calibra that I wanted to look nice again.

anyway, my point is that you have his contact details, why not try and appeal to his better nature?? worth writing a letter, or a phone call, if he's local then knock on the door.

[Icekube]

Originally Posted by MEGA

If it hit your passenger rear quarter it sounds as if you cut in on him / closed off his space. You're lucky it didn't go 100% in his favour.

the lane he was in was for exiting onto lane 1 of the A720 only, the lane i was in was exiting onto Lane 2(where i was heading) of the A720 or continuing round the roundabout.

he tried to continue round the roundabout at the last minute.

I guess im more pissed at him for being dishonest, thankfully he lives miles away, cause coming out of work on Friday i was livid

[Icekube]

Originally Posted by djgandy

The only thing you can do is grab your phone and take a load of photos right after the crash clearly showing where your vehicles were after the incident. Unfortunately unless you can find witnesses or CCTV (there must be CCTV on that junction?!) it is just his word vs yours.

there is a traffic Scotland camera covering the roundabout, but their website states that they don't record the footage, unless specifically requested by the Police for a specific period

[TheAshman]

Originally Posted by Icekube

there is a traffic Scotland camera covering the roundabout, but their website states that they don't record the footage, unless specifically requested by the Police for a specific period

You'd have to report the accident to the police giving them a time and date. Then request that any CCTV footage. It takes a few weeks but at least you'll have closure.

[IanS100]

Originally Posted by Icekube

there is a traffic Scotland camera covering the roundabout, but their website states that they don't record the footage, unless specifically requested by the Police for a specific period

Originally Posted by TheAshman

You'd have to report the accident to the police giving them a time and date. Then request that any CCTV footage. It takes a few weeks but at least you'll have closure.

If it's not recorded they won't be able to supply it!!

[Icekube]

well another kick in the ribs while i'm down.

the insurance company will charge me an additional £250 if i want to use my own repairer rather than the slapdash jockeys they call their "approved" repairers.

that coupled with my 250quid excess, means they are expecting me to pay 500quid up front for repairs that i have been quoted 800quid to fix

[tmarshall57]

Use a freedom of information request to identify clearly whether CCTV footage was recorded at the time of the accident and request provision of copies of footage if so recorded.

[Crimefighter]

The road markings on your diagram clearly show the motorcyclists lane exiting the roundabout.

Therefore what he actually did was perform a lane CHANGE (NOT merge - that is something different) without due care, and you were 100% in the right.

Real shame about the lack of witnesses.

[zltm089]

time to invest in a decent camera!...those buttfcukers! this whole car insurance industry is pretty much fcuked up!

[Icekube]

Originally Posted by zltm089

time to invest in a decent camera!...those buttfcukers! this whole car insurance industry is pretty much fcuked up!

yea i am considering front and rear facing cameras, i bet they would still find a way to worm money out of me

[zltm089]

Just saw the pics!!!!!!!!!!!!!....people always do that at roundabouts!!!!!!!!!...fcukin bunch of dickhead cocktards that can't drive!....p1sses me off big time!...those twats...they need a good beating...

[yarviinn]

Should have made sure he died. 100% favor to you. Just kidding.