who has the right of way on a roundabout

[Vicky]

hiya

sorry for yet another stupid question! lol

im just writing a letter to my insurance company who are trying to get me to accept liability for an accident and wanted to make sure what im sayin is correct.

I know you have to give way to the right (obviously!!) but is it law that you give way to traffic already on the rounabout? (even the mini ones, as that is where i had my accident)

a policeman told me this was correct, but i cant find it in the highway code anywhere



thanks



sorry if ive posted this in the wrong section - i know it isnt really clio related but i need an answer asap!

 

[007]

First on take priority as far as im aware - we have mini ones in my estate - most people still treat them like juntions. I had someone nearly take the nose of my williams on one.

 

[Sleepy172]

What 007 says, AFAIK.

 

[Chris1.4RT]

do you mean someone on the rbt who is coming your way from the right or who is on the rbt going clearly the other way say from the left but also he could be going all the way round like in a u turn? as far as Im concerned I give way to anything on the right already on the rbt, then give way to the right as theyre waiting but seize any opportunity to move out if they have to wait for someone to their right. its news to me I have to wait until the rbt is clear!



phew that was tomflicated n that

 

[White16valver]

tomflicated eh?

I would have thought that you had to give way to anything already on the roundabout - did we, er, pull out a bit hasty like?

 

[Vicky]

i was crossing the roundabout - he was coming from my right

i was there first and began to cross - he came flying out of nowhere and smacked me car

then tryed to get me to pay over £500 for a broken headlight!! lol, the cheek of sum people

 

[007]

Who was on first?

 

[Jamie]

yer, give to your right and all other vehicles already on the roundabout!!! because if u crash in2 sum1 already on the roundabout reguardless of what exit they have entered from it is deemed 2 b ur fault cos u are crossing another motorists right of way, or if u plow in2 the back of em it is always the drivers behind fault rule! so if u crashed in2 sum1 else ur best off saying they just flew on2 the roundabout n were speeding and trying to get the insurance to do it knock 4 knock! same kind of fing happend 2 me but the fookin pigs showed up and tryed 2 do me 4 dangerous driving cos sum other dosy tw*t wasnt watching the rd (was a woman btw) and i got sent on a drivers improvement course 2 avoid gettin done 4 it which i had 2 pay £250 4 the course......b******s!

 

[Vicky]

me!!

 

[Clart]

If he crashed into u that mean u were there first?

 

[007]

well then its their fault I think - especially if they crashed into you.

 

[007]

Go down the police station and speak to them - its the only way I "persuaded" an irate older driver he was wrong and I was right.

 

[Jamie]

no! it will still be seen as your fault. if he was on ur right, reguardless of how fast he was goin, u went out infront of him an u are crossing his right of way!

 

[White16valver]

Have to be careful if youre already on there - the exs old best mate from school pulled onto a roundabout without looking and got smacked into at about 50mph! In an AX!

Anyway, the upshot was that the exs mate was saying that the other person was speeding (which, ok, they probably were) and the police said she should be careful as they could do her for dangerous driving...

Sounds a lot like this situation Im afraid!

 

[Vicky]

yeah i was there first - but as he was on my right he assumes im in the wrong

he damaged the front of his car and ive got damage on the side of mine - does this prove that i was there first? or is this irrelevant

 

[Chris1.4RT]

if he was speeding surely then its his fault regardless, however proving it will be a bit tricky like

 

[007]

It all depends who was on the roundabout first - trust me, if you were on first it doesnt matter how fast he appears - that what the police told me anyway. If he was on first but out of view then its his right of way

I can check for sure if you want - my old man is a Driving Instructor.

 

[Jamie]

moraly u may b right but in the eyes of the law u will be wrong i will b v suprised if it dont come off ur insurance

 

[VoRN-182]

Its alright talking about who was on the roundabout first and stuff. But unless you have witnesses it looks like you were in the wrong.

Completely different example - Car in front of my Dad tries to pull out of a junction, realises a car is coming so stops, then decides to reverse into the front of my Dads car. So looks like my Dad went into the back of him. hmm...oh dear...

My Dad didnt have a leg to stand on cuz there was no independant witnesses.

 

[Vicky]

007 - if you could check I would appreciate it. I dont want to make myself look stupid when I write to the ins. company!

 

[Vicky]

Quote: Originally posted by VoRN-182 on 10 September 2003


Its alright talking about who was on the roundabout first and stuff. But unless you have witnesses it looks like you were in the wrong.

yeah maybe but that doesnt mean im going to say im in the wrong when im not! im just telling the ins company my statement and what i believe is correct

 

[Vicky]

Quote: Originally posted by Vicky on 10 September 2003


he damaged the front of his car and ive got damage on the side of mine - does this prove that i was there first? or is this irrelevant

anyone got any idea about this???



(and please stop mentioning dangerous driving charges!!! your scaring me now)

 

[VoRN-182]

Quote: Originally posted by Vicky on 10 September 2003

Quote: Originally posted by VoRN-182 on 10 September 2003


Its alright talking about who was on the roundabout first and stuff. But unless you have witnesses it looks like you were in the wrong.

yeah maybe but that doesnt mean im going to say im in the wrong when im not! im just telling the ins company my statement and what i believe is correct







Yeah and they will be like "nice one, see ya later!"lol

No seriously though, his insurance company will fight you to the death so they dont have to spend a penny.

My dad never admitted to being in the wrong, they still claimed under similar circumstancies to yours.

 

[Jamie]

wen i crashed at a t junction the pigs measured it up an everything. i was 1.25 meters over a 3.5 meter wide rd n sum1 hit me...any1 know of any 7ft wide cars let me know. what vorn sed is true tho proving ur right may turn out 2 b a b**ch. however if there are no witnesses or evidence bend the truth as much as u can to at least get it knock 4 knock on the insurance. i mean say u were on the round about well before him an u stalled or sumit an he was driving without due care n attention and was unable to stop an plowed in2 u if needs be! make it up, if u cant b proved right whos gona prove u wrong, neva admit it was ur fault tho!!!

 

[007]

LOL - Right here goes:

You must give way to the right, even if he isnt yet on the roundabout.

If he has appeared from nowhere then you have an argument but would need to prove that he was speeding or something (as someone said above somewhere).

Bascially - you can go flying onto a roundabout and undertake everyone then cut them up legally! LOL

Im afraid you havent got much of an argument

The most amusing thing I found out was the Highway code is only a guide - not law in this country like it is in other countries so my old man says anyway - I asked how they can use it in court but he just says he doesnt know! LOL

 

[TheCake]

I believe that in the UK if you are at a roundabout you have to give way to vehicles on your right.

Now, this can vary depending on the circumstances. If this is like a "T" or "+" shaped junction then it can be a slight free-for-all if vehicles arrive at the roundabout at the same time. Its a case of who wants to go first.

Its difficult to say whos fault it was and contesting it would probably be a good idea. If you looked right, and he wasnt there and came out of no-where and struck you then I would expect there to be some kind of driving without due car and attention charge to the driver that hit you. However they may try and pin this on you also for not looking properly.

Are there any witnesses/passengers in the cars. Did the police attend the scene and was there any skid markings on the road? This could indicate the kind of speed the other car was travelling at. Was this in a built up area or open/ dual carriageway?

 

[Vicky]

VORN182 - thats not what i asked in my original post - i just wanted facts about whose right of way it was - not whether people think i will win or lose

thank you for your opinion but I am going to fight it anyway.......

 

[Vicky]

Si172 - no witnesses at all

police werent interested when he phoned them as no-one had been injured

no idea about skid marks i didnt look

it was in a big car park, on a little min roundabout

 

[Vicky]

Thanks 007

(even if it isnt wat i really wanted to hear, lol )

 

[TheCake]

Vicky, in that case Id contest it all the way and try and get him done for driving too fast for the conditions. If you were already on the roundabout he should have given way to you. Good luck.

 

[007]

Yeah - its worth a shot.

Surley common sense say if he aint there when you go on then he shouldnt hit you unless he isnt paying attention and is driving too fast - unfortunatly common sense and the law/rules dont usually go hand in hand.

 

[White16valver]

If you were in a big carpark, was it private land? If it is then I dont think the rules of the road apply - therefore, surely, as he hit you, it would be his fault for not stopping in time?

Perhaps...

 

[Sly-Delvecchio]

one big, simple reply.

the person to your right has the right of way.

i know, ive just passed my test - with only 1 minor aswell hehe (first time).

 

[EightBall]

Highway code rule 123: ...give way to traffic on your right unless road markings indcate otherwise. Watch out for traffic already on the roundabout...

Rule 125: Watch out for traffic crossing in front of you on the roundabout... Show them consideration

Depends who was on the r/about first. But as he has hit the side of your car I would argue that you were on the roundabout first and that he hasnt shown due consideration or care and has hit you - let the other insurance co. prove otherwise.

If you have legal cover on you insurance then use it. I believe that they work for you and NOT the insurance co.

 

[scotty16v]

ok so always give way to the right, I always do,

Now if your at a 3 point mini rbt and there are two of you opposite each other, who gives way?...you are both to the right of each other...

The law if screwed up, you need witnesses mate otherwise the court will persume you are speeding , same with the thing of going into the back of someone, the highway code says blah blah

 

[f1web]

Quote: Originally posted by scotty16v on 11 September 2003


Now if your at a 3 point mini rbt and there are two of you opposite each other, who gives way?...you are both to the right of each other...

It depends which way the cars are going. If they are both going ahead they can both go as they wont cross the path of each other. if one is turning and will go across the path of the other car then this car needs to stop and give way to the turning car.

 

[compocup]

If the roundabout had a white island in the middle of it and arrows around it it is an offence to drive over the white part. You must go around it. Chances are most people dont know this and go straight over the top of them.

If these are put in and it is nearly impossible to go around them, then the highways design dept. at your local council is at fault. In theory you are still breaking the law however every time you clip them

Bored Highways engineer

 

[Swervin_Mervin]

In steps other traffic engineer. Thats not strictly true compocup. If its painted, then its an over-runable, and is there merely to indicate that standard roundabout rules apply. i.e give way to the right. Although Ive never seen one or designed one that has the arrows round it.

Vicky. Id suggest you were in the right. If you were already on the roundabout then it was your right of way. Simple as.

Check though as to whether it was on private land though.

 

[Sleepy172]

Quote: Originally posted by Vicky on 10 September 2003


hiya

sorry for yet another stupid question! lol

im just writing a letter to my insurance company who are trying to get me to accept liability for an accident and wanted to make sure what im sayin is correct.

I know you have to give way to the right (obviously!!) but is it law that you give way to traffic already on the rounabout? (even the mini ones, as that is where i had my accident)

a policeman told me this was correct, but i cant find it in the highway code anywhere



thanks



sorry if ive posted this in the wrong section - i know it isnt really clio related but i need an answer asap!









Hi Vicky.

Trawled through most of the replies, so this may already have been said, or this may be irrellivant, but anyway;

You could refuse to admit liability and let the claim go to court where a judge will call the shots. I was going to have to go through this route, fortunately the 3rd party admitted responsibility and I never got there. I was told it would have been me, the 3rd party and a judge. You tell him in your words what happened and hed decide fault.......



Just an idea.

 

[VoRN-182]

Quote: Originally posted by Vicky on 10 September 2003


VORN182 - thats not what i asked in my original post - i just wanted facts about whose right of way it was - not whether people think i will win or lose

thank you for your opinion but I am going to fight it anyway.......









No problem, good luck with whatever you do, youll need it!