Rear ended liability admitted by other party now refusing it.

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Meimei1

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In November I was in minor car accident. I was exiting roundabout indicating in good time to take my exit. About 10 m from exit there is pedestrian island. 2 you d teenagers where on this talking between each other. One of them looked lile they will be stepping on the road so I slowed down and let them go. Out of nowhere lady crashed in to me . I had my 2 year old in a car. He started crying I started crying and panicking. We pulled in exchanged details she admitted she slid.and went in to back of me. Her fiancee started txting me that she is under his insurance and that he will take over witch is weird He tried to get me to fix my car by his buddy witch I didn't agree since I live out in country and I'm single parent family and only way to get us to amenities. Meanwhile I went to GP to check out my son.. He was fine initially. I had aches in my chest and neck. Possible from seatbelt. After 2 days I went to A&E I had issues with my back. More closer I wet myself having spazms and it was que to go in. I got xrays . Was told soft tissue damage. Will sort it out in few months.. I was on morphine. After few weeks went in again.. Still pain Gp advised to keep going to physio I cannot afford . I went back again demanding mri. Long behold disc damage. Anywho.. Other party now refusing liability.. My question is how it can be my fault? Or partial fault?

His insurance covered my vehicle repairs, and I have now claim with my solicitor. But looks like other party wants to take it to court and not sign piab asess the case...
 
If his insurance covered your repairs surely they are admitting liability. A friend of mine stopped on a roundabout to let a lady with a pram cross and he was rear ended - but he was advised by solicitor that he was wrong ( he should not stop to let someone cross) and he should not pursue the other party for repairs to his car.
 
Did you report this incident to your own insurance company at the time?

Do you have dashcam footage, photographs, witness details?

Meimei1 said:
I got xrays . Was told soft tissue damage.
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An x-ray will confirm the lack of fractures / bone damage. You'd need to have undergone a CT or MRI to assess soft tissue issues.

As Ravima suggests, if you're already dealing with a solicitor, let them take it from here. Without both sides of the story it's difficult for anyone here to offer much.
 
No mention of guards so I presume they weren't called, you should have taken the other parties insurance details and contacted their company yourself
 
While it wont be a popular comment, I have sympathy for the person that is responsible for the accident, as opposed to the person who caused the accident.

You need eyes in the front, back and side of your head when driving.
Your watching the car in front, the ones to the left and right of you, the speed limit, general distraction whether it be the kids in the back or the the cyclist avoiding the potholes and so on, that you least expect the car in front to brake on a roundabout, and while you should be in a position to avoid a collision, the danger zones are generally reduced. But thats why they are documented as accidents.
 
LS400 said:
While it wont be a popular comment, I have sympathy for the person that is responsible for the accident, as opposed to the person who caused the accident
You need eyes in the front, back and side of your head when driving.
Your watching the car in front, the ones to the left and right of you, the speed limit, general distraction whether it be the kids in the back or the the cyclist avoiding the potholes and so on, that you least expect the car in front to brake on a roundabout, and while you should be in a position to avoid a collision, the danger zones are generally reduced. But thats why they are documented as accidents.
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Surrounding roundabouts with pedestrian islands is a dreadful idea in my book (clear marker it should be traffic controlled junction), but given that roundabouts have them, the other driver should have been more aware of the possibility of next car having to slow or break due to pedestrian activity.
 
Feemar5 said:
- but he was advised by solicitor that he was wrong ( he should not stop to let someone cross) and he should not pursue the other party for repairs to his car.
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I'd get a different solicitor . . you can't be driving into the back of other cars and then blaming them.
 
If the other party's insurance have already covered your car repairs, then that indicates they believe their client to be liable. It doesn't matter what the other person now says or wants. It's in the hands of the insurance company. If they have accepted liability, then they should also cover your medical costs.
 
Seagull said:
If they have accepted liability, then they should also cover your medical costs.
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It's not clear that the other insurance company was ever involved, and so long after the fact now they can refuse to cover the insured. OP should have ensured both insurance companies were informed in the days after the incident.

Too many other questions remain and the OP hasn't returned to clarify.
 
When you have toddler in car first thing as mother you would panic over child. I never been in position like this before there for I didn't know weather to ring guards or not. I did ring my insurance and other drivers insurance same day. I have contacted my solicitor today. As this is worrying me and Also yes I did recieve mri
 
An x-ray will confirm the lack of fractures / bone damage. You'd need to have undergone a CT or MRI to assess soft tissue issues.



As advised by profession in A&E looking at my spine it was streight and lost its curve.. Seen often in soft tissue damage as muscles spazms to make splint like effect. Well that is what I was told in A&E. I did recieve Mri scan after confirming disc tear.
 
LS400 said:
you least expect the car in front to brake on a roundabout
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The driver behind the OP had no business being on the rounabout until OP had cleared it. Check the Rules of the Road

LS400 said:
But thats why they are documented as accidents.
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This was not an accident. Driving into the car in front on a roundabout is careless at best, dangerous at worst.

I have every sympathy for the OP as I see idiots like the person who drove into her every day. The dangerous thing is they don't understand the depth of their ignorance/idiocy.
 
odyssey06 said:
Surrounding roundabouts with pedestrian islands is a dreadful idea in my book (clear marker it should be traffic controlled junction), but given that roundabouts have them, the other driver should have been more aware of the possibility of next car having to slow or break due to pedestrian activity.
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Agree. Cheap but dangerous solution for local authority, potentially lethal for pedestrians given so many drivers can't/won't use roundabouts correctly.
 
mathepac said:
The driver behind the OP had no business being on the rounabout until OP had cleared it. Check the Rules of the Road
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Eh, you might be good enough to give a link to that one @mathepac please?

If I am reading your reply correctly, you are saying that only one vehicle is allowed at any one time on a roundabout ?

New one on me.

Edit: Quote from ROTR, which directly mentions other traffic on roundabout :-

In all cases watch out for and give plenty of room to:

-pedestrians who may be crossing the approach and exit roads,

-traffic crossing in front of you on the roundabout, especially vehicles intending to leave by the next exit,

-traffic that may be straddling lanes or positioned incorrectly,

-motorcyclists, cyclists and horse riders who may stay in the left-hand lane and signal right if they intend to continue round the roundabout,

-long vehicles (including those towing trailers), which might have to take a different course approaching or on the roundabout because of their length.
Watch out for their signals.
 
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@mathepac
Now with statements like that, I take it you may not have passed your driving test yet!!. The idiots are the ones who don't give consideration for other road users.

Of course the op shouldn't have been rear ended, and the the following car should have had time to stop, but to almost come to a stop on a roundabout is increasing the possibility of an accident wheather you like it or not, and,
to describe to the offending driver as ignorant, well, that's just Daft really.

There are many types of road accidents caused by idiots who don't have to shoulder the blame.
 
SparkRite said:
If I am reading your reply correctly, you are saying that only one vehicle is allowed at any one time on a roundabout ?
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No, you're not reading my reply correctly, just creating sentences I didn't write. Try reading what I actually wrote.
 
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