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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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my wife was involved in and accident on a round about where

Customer Question

my wife was involved in and accident on a round about where there are 3 lanes she was in the middle lane traveling around to the right leading off towards where she lives and the other vehicle was traveling in the right lane which is road marked and leading to a super store this vehicle cut across her off side front as he wanted to exit onto a dual carriage way which was the exit before my wife's, The 3 lanes a clearly marked outside lane is to exit onto the dual carriage way the middle is marked to either go onto the dual carriage way or continue around to the next exit which was the one my wife was heading to and the inner lane where the other driver was is marked super store the insurance is stating that she in in the wrong but we do not accept this as the other driver cut across her off side .
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.

what we would like to know is as the law stands should my wife accept liability for this incident even though the other driver was in the wrong lane and they cut across her off side because the other insurance is stating that their client has a witness to say she was in the wrong

Expert:  Jo C. replied 4 years ago.

To summarise, a car on the inside of the roundabout which it seems was in the wrong lane, cut across to the outside of the roundabout to exit colliding with your wife?

Accidents on roundabouts are extremely difficult to prove or disprove one way or the other. In the absence of damning evidence as to the conduct of the other driver, more often than not, they are settled 50-50.

There appears to be "some person" was confirmed that he saw what happened and that it was your wife's fault.

From what you have told me, I cannot see how it can be your wife's fault even to an inexperienced casual observer.

However because the casual observer is presumably not known to the other driver, insurance company will take that independent testimony as being almost conclusive in the absence of any evidence to the contrary.

If ultimately, you do not agree with the insurance company decision, you can refer the whole incident to the Financial Ombudsman who will decide whether insurance company are correct based upon the evidence to hand or not.

I am sorry if this is bad news for you.

Can I clarify anything for you?