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who has right of way

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Re: who has right of way

Postby Hairyloon » Tue Oct 17, 2017 5:57 pm

3.14 wrote:Blue BMW needed to have used indicators...

Do BMW's have indicators?
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Re: who has right of way

Postby 3.14 » Tue Oct 17, 2017 6:11 pm

Hairyloon wrote:
3.14 wrote:Blue BMW needed to have used indicators...

Do BMW's have indicators?
Well, I've never seen them in operation...
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Re: who has right of way

Postby Hairyloon » Tue Oct 17, 2017 6:16 pm

If both cars were turning left then this is not a question of right of way, but of who changed lane.
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Re: who has right of way

Postby shootist » Wed Oct 18, 2017 8:02 am

In my day I'd probably have been looking to summons the driver of the red car, pending exactly where the collision took place. (This can usually be determined by the location of damage material from both cars on the road. The blue car seems to be driving correctly, the red possibly failing to give way on the roundabout. A little more information would be needed before taking it to court.

But this was in the days when police used to bother with non injury collisions. Now it will be knock for knock if both drivers are insured fully comp and nobody will give a damn except, possibly, the drivers. Is there any reason for this query other than idea curiosity?
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Re: who has right of way

Postby diy » Wed Oct 18, 2017 8:13 am

Indicators don't establish a right, only a warning of intent.

You have to try to establish why, somebody might have moved lanes.
Did the red car move to take the right hand exit lane to overtake a slower vehicle?
did the blue car cut the exit?
When did red join the roundabout, did he fail to give way?

The general principle is you don't overtake vehicles on the outside of a roundabout particularly when planning to exit as there is always the risk that a collision will happen if the outside vehicle continues round.

Someone giving a false witness statement is pretty serious, if it can be proved.
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Re: who has right of way

Postby SPQR49 » Wed Oct 18, 2017 8:18 am

Thanks All. To Shootist - Yes. The red car has brought a claim against the blue car. The blue car has offered to settle on a 50/50 basis. But the Claimant has not yet responded. Hearing in a month. Exchange of evidence in 2 weeks.
The amount of the claim is low -under £1,500. I ask about the "right of way" becuase as another previously stated, if both cars had remained in their lanes this collision would not have occurred. For reasons unclear, the red car appears to have tried to take the right hand lane of the dual carriageway and I would have thought it would only be allowed to do so if it were in front of the blue car and indicating to do so. However the converse position is arguable (blue car taking redc car`s lane). The damage to the blue car (nearside passenger door badly dented) supports either contention.
My main concern at the moment is the so-called witness statement which looks to support the red car driver`s version. I have asked for a copy of it having only seen extracts in an email issued by the Defendant 18 months ago.
Somebody appears not to be telling the truth and I need to get to the bottom of it.
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Re: who has right of way

Postby atticus » Wed Oct 18, 2017 8:38 am

If that third party statement is going to be relied on by the claimant, you will see a copy when statements are exchanged in a few weeks.
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Re: who has right of way

Postby dls » Wed Oct 18, 2017 9:21 am

If the red car was leaving the roudabout then it would not matter whether the blue car was indicating. If the red car stays in its lane as it leaves the rondabout, then all is well. It is only if the red car is changing lane (moving to the outer lane on the exit road) that any indication of the blue car becomes relevant. If the red car is changing lane then it is on him that the duty falls to ensure that it is safe to do so.
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Re: who has right of way

Postby diy » Wed Oct 18, 2017 11:09 am

yes - somebody strayed lanes and caused a collision. If you strayed/changed lanes you must ensure it is clear.

I had a very similar accident about 20 years ago, albeit a bit further up the exit lane. The car on the inside lane moved to the outside lane because he saw slower car ahead of him. He didn't look and took my front bumper off as I was right next to him, probably momentarily in his blind spot.

On a related note, I just replaced my dashcam after mrs diy tripped over the cable of the last one in the mohome and ripped its guts out. The Nextbase 312GW, records speed lat/long has good night vision and wifi so that you can download files.

I had a near miss with a cyclist on Monday and my dashcam would have been very handy, had we collided.
https://youtu.be/A0RghCGF52E

actually quality is higher
My suggestions are not legal advice
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Re: who has right of way

Postby atticus » Wed Oct 18, 2017 12:33 pm

"this video is unavailable"
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