Opinions on liability please UPDATED

Can you take a look at the following description & map & let me know who you think is to blame & why, I won't say who the drivers are so you can be unbiased, thanks.

http://maps.google.co.uk/maps?q=Lys...y,+South+Gloucestershire,+United+Kingdom&z=18

Car A was heading along Merlin Road onto Lysander Road using the road that bypasses the roundabout and remained in the left hand lane (left to right on the map) car B exited the roundabout onto Lysander Road and collided with car A (nearside passenger door of car B hit offside front wing of car A) whilst moving from the right lane into the left lane of the dual carriageway.

Whose fault is it?

Thanks

 

Car B is at fault surely? Should have checked the left lane before entering?

 

Thanks Lard.

I'll see what others think then tell the whole story

 

If car B has changed lanes he has passed through the broken white line which signifies 'Give Way' so he is clearly at fault, Car A is under no obligation to modify his speed to allow traffic to filter.

 

The lanes don't merge, as the two roads join it becomes a dual carriageway.

Car A remained in the inside lane, car B moved from outside to inside lane.

 

Driver changing lane is at fault, unless the other one crossed a give way before the impact point.

 

Car B. Although that's no guarantee of winning an insurance claim these days.

Highway Code

Lane discipline
133
If you need to change lane, first use your mirrors and if necessary take a quick sideways glance to make sure you will not force another road user to change course or speed. When it is safe to do so, signal to indicate your intentions to other road users and when clear, move over.

137
On a two-lane dual carriageway you should stay in the left-hand lane. Use the right-hand lane for overtaking or turning right. After overtaking, move back to the left-hand lane when it is safe to do so.

 

There is no give way, it's simply two lanes joining to become a dual carriageway.

The left lane bypasses the roundabout & the right exits from the roundabout.

 

Steet view looking back to where the roads join

http://maps.google.co.uk/maps?q=Lys...y,+South+Gloucestershire,+United+Kingdom&z=18

Sorry didn't work, just drop the little man on the L of Lysander near the roundabout

 

Without a witness or the other party accepting the fault, then the best you can hope for is 50/50.
Draw diagram, take screenshots and photos of the road, quote highway code, and if it is in dispute it'll still end up 50/50.

Do you have a witness?

 

Ok story goes that my daughter was driving car A, car B basically drove into the side of her whislt coming from the right lane in order to take the left turn between the two car dealerships.

His arguement is that she should have given way to him because he was coming from her right OFF of a roundabout!

He is refusing to admit liability & there are no independant witnesses, his insurer has not yet recieved his statement despite it happening two weeks ago.

In the meantime my daughter's renewal is due on 6th Aug & as she has an outstanding claim it is going to cost her 2.5k compared to 1.5k last year

 

Those arrows on the right hand side adjacent to the grass of car B's lane are a bit misleading, they suggest moving over to the left
-but it should still be Driver B's fault.

 

Anyone with a brain (so there goes insurance assessors) can tell it's Driver B's fault.

Looking at the map if her lane is not even part of the round about but continues round then she had no need to give way to him. Plonker.

This is why I'm fed up of driving, the attitude. "Oh well it won't be my fault and I'll get insurance and a nice fat whiplash on top so I might aswell just have a prang."

What was he driving, that'll seal the deal for us!

 

Car B is at fault.
But lets see what the insurance company think.

 

The other driver's logic is totally flawed - there IS NO give way - the google map clearly shows this. No markings or signs at all, just two lanes merging after the ghost island. I hope your daughter's okay, I imagine she was minding her own business in the left lane (as she should have been) and been broadsided by an idiot who can't read road markings. I'd have been shaken up!!

 

Why am I assuming he was driving a BMW or similar

 

Car B is at fault..... Just by where the damage appears on the cars. He appears to not checked his mirrors before changing lanes. Car A will of been in car Bs blind spot.

There is no give way markings at all, so it should follow that dual carriageway rules apply

 

The other guy was driving a Peugeot, but to be fair my daughter was driving a Renault.

Her insurance company are holding him liable but he hasn't submitted his version to his insurer other than he has said it wasn't his fault.

 

One thing is certain, this won't be sorted in time for renewal unfortunately

 

I'll say car A is at fault because P (for Peugeot) comes before R (for Renault) in the alphabet so the peugeot must have right of way.