Omega Owners Forum
Chat Area => General Car Chat => Topic started by: Big Fra on 22 August 2009, 10:19:14
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Just got a phone call from SWMBO who told me that she has just been in a minor bump.
She informs me that it was someone who drove into the side of her, and yes, that seems to be the case, but I am not sure as to where the blame lies.
Basically, anyone on here know of the main Stirling to Perth road? I think its the M80, joining onto the M9 via a rather large roundabout. (I am mainly asking the Jocks via the location btw ;))
Even if you dont, the M80 is a dual carriageway leading up to the roundabout, 1st exit for Scone, 2nd exit Perth, 3rd exit Dunblane, so on.
SWMBO was in the right hand lane of the dual carriageway going for the 2nd exit, onto another dual carriageway, she entered the roundabout, staying in her lane, in 2nd gear, she was just about to put her turn signal on to show her intended direction, when the car to her left drove into her passenger side. (He was going for the Dunblane exit.)
The thing is, I'm not totally sure who is at fault? :-?
Opinions please? :)
Plus, is it a legal requirement to report all rta's to the police? Whether or not you want them to attend or any injuries sustained?
I think it is, but she says no.
Any ideas chaps? :y
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As far as i know down here at least, it is not a legal requirment to inform the plod after a minor bump, but it maybe in scotland. The law states that you should stop and exchange details or you can be done for failing to stop. if your wife was on the main carrigeway and the third party was joining then the third party is at fault for not giving way to the right. But as i dont know the road layout you will have to let the insurance co work out who is to blame here.
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As far as i know down here at least, it is not a legal requirment to inform the plod after a minor bump, but it maybe in scotland. The law states that you should stop and exchange details or you can be done for failing to stop. if your wife was on the main carrigeway and the third party was joining then the third party is at fault for not giving way to the right. But as i dont know the road layout you will have to let the insurance co work out who is to blame here.
Yes, agreed!
In England there is no requirement to inform the police about an RTC unless one or more parties are injured. 8-)
The insurance company will require a sketch of the road, roundabout, the position of the cars at the time of collision, the direction of travel, plus road measurements. They will then decide on blame. ;) ;)
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The chap was not joining the carriageway, Rena was in the right hand lane (dont know why) she had just started to indicate left to exit the roundabout when the other car came up the left hand side and drove into her.
Since speaking to her last, she tells me both lanes on the dual carriageway have markings to turn left onto the new dual carriageway of the M9.
Definately getting left in the hands of the insurance companies though.
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If she was in her lane and not straying from it then the other car must be in the wrong to try and cross over lanes.
If it's the other way around and your other half strayed over the to the other lane, indicating or not then well she's at fault.
I suppose it's prove who's at fault time, any witness?
Mick
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If she was in her lane and not straying from it then the other car must be in the wrong to try and cross over lanes.
If it's the other way around and your other half strayed over the to the other lane, indicating or not then well she's at fault.
I suppose it's prove who's at fault time, any witness?
Mick
Not as far as I am aware.
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Sounds like other party at fault. Perfectly acceptable to go straight ahead from right hand lane on a dual carriageway (unless markings dictate otherwise). However not acceptable to "turn right" from left hand lane on a roundabout.
This is what it sounds like has happened to me from what you have described. :y
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This could be a 50/50 Fra.
It may be argued that she embarked on a manoeuvre without giving due care and attention to any other vehicle on the road - the vehicle in the left lane - without firstly checking the mirrors and signalling her intention to deviate course.
On the other hand the other driver could be viewed as having driven carelessly if they were aware of the vehicle to their right - your wife – attempting to complete a manoeuvre but tried to pass on the nearside anyway - which isn't allowed unless there is a line of slower traffic in the right lane or that traffic is turning right.
From memory drivers are required to report RTA's not only where injuries are involved but if there is evidence or allegation of a traffic violation such as careless driving, disregard of traffic sign and so on.
As always with these cases it's necessary to gather as much evidence as possible, photographs of damage, road layout and so on and if there happens to be any witnesses to the event.
It seems to be the case now that the events following such an incident are when new allegations and injuries suddenly come to light.
I would be inclined to report the matter but would think that the polis wouldn't be too interested in the absence of specific allegations or obvious evidence.
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This could be a 50/50 Fra.
It may be argued that she embarked on a manoeuvre without giving due care and attention to any other vehicle on the road - the vehicle in the left lane - without firstly checking the mirrors and signalling her intention to deviate course.
On the other hand the other driver could be viewed as having driven carelessly if they were aware of the vehicle to their right - your wife – attempting to complete a manoeuvre but tried to pass on the nearside anyway - which isn't allowed unless there is a line of slower traffic in the right lane or that traffic is turning right.
From memory drivers are required to report RTA's not only where injuries are involved but if there is evidence or allegation of a traffic violation such as careless driving, disregard of traffic sign and so on.
As always with these cases it's necessary to gather as much evidence as possible, photographs of damage, road layout and so on and if there happens to be any witnesses to the event.
It seems to be the case now that the events following such an incident are when new allegations and injuries suddenly come to light.
I would be inclined to report the matter but would think that the polis wouldn't be too interested in the absence of specific allegations or obvious evidence.
Cheers Zulu. I am thinking along the same lines.
BTW, you speak the lingo up here? ;D
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This could be a 50/50 Fra.
It may be argued that she embarked on a manoeuvre without giving due care and attention to any other vehicle on the road - the vehicle in the left lane - without firstly checking the mirrors and signalling her intention to deviate course.
On the other hand the other driver could be viewed as having driven carelessly if they were aware of the vehicle to their right - your wife – attempting to complete a manoeuvre but tried to pass on the nearside anyway - which isn't allowed unless there is a line of slower traffic in the right lane or that traffic is turning right.
From memory drivers are required to report RTA's not only where injuries are involved but if there is evidence or allegation of a traffic violation such as careless driving, disregard of traffic sign and so on.
As always with these cases it's necessary to gather as much evidence as possible, photographs of damage, road layout and so on and if there happens to be any witnesses to the event.
It seems to be the case now that the events following such an incident are when new allegations and injuries suddenly come to light.
I would be inclined to report the matter but would think that the polis wouldn't be too interested in the absence of specific allegations or obvious evidence.
Cheers Zulu. I am thinking along the same lines.
BTW, you speak the lingo up here? ;D
As an Ulster/Scot of course I do 8-) 8-) :y
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I think the key here is as big fra said "both lanes on the dual carriageway have markings to turn left onto the new dual carriageway of the M9" therefore the missus would not be in wrong. However it would be wrong to turn right from the left lane.
Also I was taught if you're going straight over a roundabout, you use the left lane.
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Hello there, I have driven that road many times, I have friends who stay in Dunblane.
From an insurance veiw I think it would be 'Knock for Knock', as said 50/50, these days you need 'eyes in the back of your head', if you have insurance excess maybe worth paying cash !
regards
richard a
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I think the key here is as big fra said "both lanes on the dual carriageway have markings to turn left onto the new dual carriageway of the M9" therefore the missus would not be in wrong. However it would be wrong to turn right from the left lane.
Also I was taught if you're going straight over a roundabout, you use the left lane.
Yeah, from what I can fathom, it looks like a knock for knock or 50/50 claim.