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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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Several months,ago,i was established in my van, on a mini

Customer Question

several months,ago,i was established in my van, on a mini roundabout, on seeing there was a car to my right 6-8 car lengths away from roundabout i proceeded straight on,a few seconds later i was hit on rear corner of my van,there was no witnesses either side,the other party obviously went straight across without looking straight ahead,only looking to his right,how is it possible that his insurance company is holding me responsible,yes he was to my right,but not established at roundabout,he hit me at 25mph and thats after braking,i am truly baffled and frustrated,HELP
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

i would like to know if i can take the other party to court,and the chances of me winning the ,case,this accident was not my fault,feeling frustrated

Expert:  Jo C. replied 2 years ago.
Obviously I haven't had full vision of this case but I would imagine that they are saying that you pulled out in front of him ignoring his right of way. If you were struck from the right on a roadabout then it gets hard to defend.
If he pulled out without looking then you might get a small amount reduced for contributory negligence but you seem to be describing a situation where you pulled out expecting to have enough time to do so and unfortunately you did not.
Whether or not the insurers settle is a matter for them. Your company is liable on your behalf and will make any bids that they choose.
If you are left out of pocket then you can sue the other driver personally but it isn't something I would suggest here unless I have misinterpreted what you are saying about the incident.
Sorry but I have to give you truthful information.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

yes i pulled out,i was at roundabout he was not at the roundabout 6 to 8 car lengths from roundabout,at what point do you give way 20yds 50yds 100yds 200yds,i really feel hard done to here!

Expert:  Jo C. replied 2 years ago.
Well, probably he is saying that he was closer than that and they have probably accepted it because he was able to strike you as you pulled across.
That is a dispute over facts and comes down to who is believed but since he was able to strike your vehicle I wouldn't put any more money at risk in suing him.
Customer: replied 2 years ago.

ok thank you,not what i wanted to here,but thanks anyway

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/