# 50/50 payout



## SteveTDCi (Feb 8, 2006)

A few months ago the wife was involved in an accident on a roundabout. She was in the right hand lane taking the 3rd exit. Someone in the left hand lane also decided they wanted to take the third exit ..... The result was somewhere past the 2nd exit where the road narrowed the two hit. I'm assuming that since the front was pulled off the wife's hire car the other car was going faster.

Obviously the other driver denied all responsibility but the bit that gets me is they said you can use both lanes to go this way. I've viewed google maps and sent lots of pictures to the insurance company and at the moment our (well company) insurance is suggesting 50/50 which given the circumstances is probably the best we could hope for. But part of me thinks they are in the wrong from their statement about using the left hand lane, there are no road markings and that to pull the front of our hire car off it looks like they were trying to drive around the outside.

We have notified our private insurers but obviously need to let them know the outcome. I'll ask there advice too but has anyone here been in a similar situation and if so what did you do.


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## Shiny (Apr 23, 2007)

I take it there were no independent witnesses?

If you were pursuing this privately and it was your money, would you be be prepared to take it to court?

If not, then accept split liability, as it is likely to end up this way when the Insurers weigh up the prospect of recovery. 

With 50/50, you are entitled to claim back 50% of your uninsured losses, such as excess, injury etc


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## Nigglyb (Mar 28, 2015)

I'd be inclined to agree that using the left lane at a roundabout, with no alternative markings, to turn right is wrong
Highway Code https://www.gov.uk/using-the-road-159-to-203/roundabouts-184-to-190 section 186 on the approach to a roundabout clearly says unless road markings state otherwise then the right lane is to be used for turning right. No doubt it's acceptable to turn a blind eye to this rule if everything flows okay but to cause an accident shows the other car was clearly in the wrong lane


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## SteveTDCi (Feb 8, 2006)

Correct, no witnesses which is what the insurance company have stated. Would I contest it .... Possibly, if it was 50/50 however the bit that sticks in my mind as nigglyb points out is that they were in the wrong according to the Highway Code. If both lanes were for turning right or even if they were going on the second turning then 50/50 would be the way to go. If the work policy didn't impact our 3 private policies then I wouldn't give a stuff, I could have kept quiet and not disclosed it but did the right thing which I guess not many people do. I'll see if I can find the pictures.


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## Shiny (Apr 23, 2007)

Are you able to take photos of the roundabout and send them to the hire car insurers?


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## cubefish (Aug 5, 2015)

Something similar happened to me, but thankfully Direct Line agreed that it was entirely the other driver's fault. He'd admitted 50% liability and wanted to avoid involving the insurance companies.

I now have two crashcams fitted - forward facing also records GPS data and the force/direction of any collision; backwards facing to deter the idiots who like to get right up close my bumper.


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## Puntoboy (Jun 30, 2007)

Completely their fault by the sounds of it. Fight it.


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## MagpieRH (May 27, 2014)

Not something you'd recommend and would really annoy most drivers, but I would guess the argument from their insurers would be that their client was in the best position to exit the roundabout and that your wife should have checked before trying to exit. Also, if the front was taken off, it suggests the other driver was ahead at the point of impact.

As I say, it's not something I'd expect to see someone doing and I'd be fuming if I'd been in your wife's position, but I can see how they could argue their client is not entirely at fault - hence your insurance being comfortable settling at 50/50. It might be something if you push that your insurance might be able to apply some pressure to the other side and possibly get a better result, but unfortunately it does sound like 50/50 might be the best you'll get.


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## Adam Dolphin (Jan 12, 2015)

My first and only collision which I have payed for, for the last 4&1/2 yrs.
being young and naive i just accepted the 50/50. 
It was my word against hers, Both coming off the same exit on a roundabout which was 2 lanes on to a dual carriageway. I'm in the right hand lane overtaking the line of traffic in the left when bang a woman pulls right into the side of me and wrights off my van. my insurance was costing me about £500 at this point and my renewal? £3600. Was a major life lesson because i accepted the 50'50 so i could crack on with work etc, being self employed. No way was it 50/50 though.


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