No helmet cam, then almost no chance of winning case.

[benb]

If I understand this correctly, our OP entered the mini-roundabout (can we stop calling it an island, as that is a bit confusing) turning right.
He was already on it, when a car approached from either his right, or directly opposite, also turning right. The driver cut across the RAB rather than going round it, so got in front of the OP causing him to collide with the left side of the car.

Is that accurate? Can you clarify the number of junctions on the RAB, and which one the driver approached from. A link to the actual location on Google maps would be really useful.

I can't fathom how this can be anything but the driver's fault, as he just blasted across a mini-RAB without going round it and effectively overtook a cyclist on the RAB and then cut in front of him.

Your solicitor is, IMO, talking crap.

 

[jarlrmai]

Yeah it seems fairly cut and dried to me he cut across the roundabout and in doing so caused a collision.

All this guff about looking/not looking does not come into it 188 he MUST go around the mini round markings, he clearly didn't 100% driver fault.

And yes this is why I have a helmet cam.

 

[ianrauk]

The thing as the OP has stated. It's his word against the drivers. It may be cut and dried but there were no witnesses and no cam footage to prove the driver was actually in the wrong.

He has been offered a 50/50 Part 36 deal, so compensation will be forthcoming. His solicitors did very well to get that much.

 

[BentMikey]

What do the pictures show - did he stop after the collision?

 

[jarlrmai]

Yeah if the pictures show the car angled towards the exit from the entrance, then he can only have ended up there if he cut across.

 

[Sore Thumb]

I've drawn out a diagram @Sore Thumb, is this how it happened?
Feel free to use it if it helps or you can adjust it to suit the detail.

Good Luck.

Completely Spot on, that's what happened.

Police not taking action. My word against his.

Insurance have said that my version and his version would have produced the same damage, so hard to prove who is telling the truth.

 

[Sore Thumb]

If I understand this correctly, our OP entered the mini-roundabout (can we stop calling it an island, as that is a bit confusing) turning right.
He was already on it, when a car approached from either his right, or directly opposite, also turning right. The driver cut across the RAB rather than going round it, so got in front of the OP causing him to collide with the left side of the car.

Is that accurate? Can you clarify the number of junctions on the RAB, and which one the driver approached from. A link to the actual location on Google maps would be really useful.

I can't fathom how this can be anything but the driver's fault, as he just blasted across a mini-RAB without going round it and effectively overtook a cyclist on the RAB and then cut in front of him.

Your solicitor is, IMO, talking crap.

You are also correct on the version of events.
So you can see why I am upset.

The driver has admitted in his statement he looked left but did not see anything and drove on. The next thing he knew was a bang to the left hand rear of the car.

So is this not evidence that he looked but did not look properly, because I was there as I did collide with his car.

And lawyer is saying he only has a legal responsibility to look to right, because he has to give way to right.

So even though he said he looked left and did not see anything, this cannot be taken into account as he does not legally have to look left, because the left has to give way to him.

Even though I was on the island already.

So you are buggered if you don't have video evidence.


He also mentioned a bit of damage to my brake on my bike.

Errr what, my wheel and forks was on one part of the road and the bike on a different part........


I would like to google earth the location, but I don't think that would be a good idea.

 

[Sore Thumb]

What do the pictures show - did he stop after the collision?

I took pictures, but I was not fast enough.

When he stopped his car he was on the wrong side of the road on the exit of the island.(mini roundabout)

If I got a picture of this, it would have showed where his positioning was.

But by the time I got my camera out he moved his car to over the road.

 

[Sore Thumb]

Yeah if the pictures show the car angled towards the exit from the entrance, then he can only have ended up there if he cut across.

Spot on, but as I said I was not fast enough taking the pictures.

I was not fast enough because of my injuries. Even though the driver said he asked me and apparently I said I was fine.
I went to a/e later and should have a report from the doc.

Also going for a medical for insurance purposes in the next few weeks.

So a medical assessment of my injuries from the accident, over a year after the incident...........

 

[classic33]

Traffic on the roundabout has right of way. If he's daft enough to admit to cutting the roundabout, then those representing you should be jumping on this statement. He's admitted he did the wrong thing & as a result of his error/driving, someone got hurt. Hard to see why your own side are not picking this point up.

Insurance payouts are something to be avoided at all costs. Hence the amount being offerred, in my opinion. Don't accept it. Ask if those "working on your behalf" actually know what they are doing & if so why have they not picked up on this admission of error by the driver. If they don't know what they are doing, get out of their offices as quick as possible.

Legal Ombudsman & register a complaint, then move to someone who actually knows what they are doing. You're being mucked about by both sides here, yours & his.

 

[MaxInc]

It is still unclear to me what his version of events is and why would he think you have any any part to be blaimed for? Is he implying that you failed to give way enterring the RAB and rode you bike straight into his car? If that was to be true, he should ask for 100% not 50-50. Unless somehow you were both approached the roundabout at the same time, you failed to give way anticipating that it would be enough time for you to go past if he would go around the island, which he didn't do when decide to cut across causing the collision. I would then see some merit for a 50-50 split but without his version of events and a map of the actual RAB it is only speculation.

 

[Sore Thumb]

Traffic on the roundabout has right of way. If he's daft enough to admit to cutting the roundabout, then those representing you should be jumping on this statement. He's admitted he did the wrong thing & as a result of his error/driving, someone got hurt. Hard to see why your own side are not picking this point up.

Insurance payouts are something to be avoided at all costs. Hence the amount being offerred, in my opinion. Don't accept it. Ask if those "working on your behalf" actually know what they are doing & if so why have they not picked up on this admission of error by the driver. If they don't know what they are doing, get out of their offices as quick as possible.

Legal Ombudsman & register a complaint, then move to someone who actually knows what they are doing. You're being mucked about by both sides here, yours & his.

The problem is he is saying he went around the island the correct way. Even though in reality he did not.

 

[fossyant]

Just go back to the solicitor with your facts that he cut the corner. He is obliged to look where he is driving, mini roundabouts not being much different to a standard junction. Tell the solicitor to take it further.

The driver is trying to get out of it by saying they looked - he can' have and was also cutting a junction. Stick to those facts.

 

[fossyant]

If that diagram is exactly what happened then all you need is to ensure you send the solictor that. The driver won't have a leg to stand on, you were already on the roundabout. It's just like a typical right hand pull out on a straight road. He cut the corner !

 

[Archie_tect]

The driver is a liar and a cheat, pity you can't name and shame him.... almost [but not quite] makes you hope the religions of the world are right and he's heading [eventually] for eternal damnation.