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Wade: I would say good luck with winning this round, i had a similar incident at the infamous Royal Oak roundabout where a car pulled out on me and took out my front left, the basic rule that applies is that drivers must give way to vehicles on their right, its fairly irrefutable unfortunately
In this case the blue car has traveled half the roundabout compared to the red car traveling quarter of the roundabout, unless you can prove blue car speed was a factor I can't see any valid argument that could stick
Lazy is such an ugly word, I prefer to call it selective participation
Multi-laned roundabouts
Most roundabouts that have more than one lane in each direction are marked with lanes and arrows, which help you enter and leave the roundabout. The lane markings and arrows will tell you which lane to use.
Not all roundabouts are marked the same way, so take extra care – especially at the exits. If you need to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter.
doublek69: Just read this on the NZTA site: http://www.nzta.govt.nz/resources/roadcode/about-driving/giving-way-at-roundabouts.html
Multi-laned roundabouts Most roundabouts that have more than one lane in each direction are marked with lanes and arrows, which help you enter and leave the roundabout. The lane markings and arrows will tell you which lane to use. Not all roundabouts are marked the same way, so take extra care – especially at the exits. If you need to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter.
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That last sentence is key - the OP would have to change lanes in order to be in the same space as your partner. That would mean that they have a duty of care to "give way to any vehicles in the lane that you want to enter".
MikeB4: The blue car certainly made a big effort to have the accident, I wonder if there is an element of road rage on behalf of the blue driver and they have accelerated at her to show their displeasure.
Wade: I would say good luck with winning this round, i had a similar incident at the infamous Royal Oak roundabout where a car pulled out on me and took out my front left, the basic rule that applies is that drivers must give way to vehicles on their right, its fairly irrefutable unfortunately
In this case the blue car has traveled half the roundabout compared to the red car travelling quarter of the roundabout, unless you can prove blue car speed was a factor I can't see any valid argument that could stick
DravidDavid: Katy can't say for sure if the lights on the Hilux were off, but this would explain why she didn't see it coming. However, I believe in one of the photos she took of the number plate, the lights were on. But this was after the incident unfortunately. This was a theory based off of the fact she never actually saw the vehicle coming or hitting her.
Only today did I realise it was a two lane roundabout and she was traveling straight with the Hilux wanting to merge to travel in the same direction after approaching from the right of her. It makes sense she did not see the truck coming as it hit her behind the driver's seat, right on the join of the driver's side door with the center pillar. It apears as if the Hilux made an attempt to cut her off under the impression she "should have given way", yet she had she had nowhere to go considering she was in the middle/end of a roundabout when struck. The damage seems a bit over the top considering the speed in which you are supposed to be traveling on a roundabout. Katy was on her way to get dinner and in no particular rush as I was working late and told her to buy for herself only, so she was not speeding. She is not a speed freak either.
She said she felt the car get hit and then the rear window burst after the second collision with the passenger side door. The Hilux also scraped up the rear quarter panel too. There is zero damage to the front half of the driver's side door and the front right quarter panel. Why did it take so damn long for the Hilux to hit the brakes? I can only conclude they were distracted at the time. Although, I can't prove it, they did gang up on Katy and harass her exclaiming they were late to a birthday dinner and now they probably wouldn't make it.
I will amend the diagram if I get a better picture of where her vehicle was compared to the Hilux. But when we drove through it this morning (here as a passenger), she indicated she was struck literally as I was exiting the roundabout. As in, I had already prepared to exit with my indicator and was in the process of exiting.
I'm not sure if it was particularly busy, but it wasn't when I went through not 15 minutes later (not knowing a thing about the accident until I arrived home) I will ask her if she saw headlights on the other side of the roundabout.
I have decided I'm going to fight this with all teeth bared, but will try my best to get State on side first.
Galaxy S10
Garmin Fenix 5
jeffnz: a lot of conclusions being reached with only guesswork at best. Don't talk yourself into things that may not have happened as its easy to do.Lets not be judge jury and executioner.
As to State, never liked them they are very strict and will look for any loophole to get out and always take the lowest bidder to fix things.
andrew027: I am not a driving instructor, policeman, insurance assessor or lawyer, but my thoughts - based entirely on your second, overhead road layout picture - are:
If the accident occurred where it is shown in the second half of that image, your partner has not travelled as far as the blue car has from the respective "give way lines", so they were probably already on the roundabout when she pulled out. There could issues about whether they were indicating correctly (if at all), speeding, had lights on or not, etc. but it will be impossible to prove any of that now so it would just get to a he said/she said argument. Looking at the road code, "give way to all vehicles that will cross your path from your right as you enter the roundabout" probably counts against your partner, while "to cross from one lane to another near an exit, give way to any vehicles in the lane that you want to enter" is probably in her favour.
If you know a friendly policeman or lawyer, it would certainly be worth talking to them.
On another note: While not yet as popular here as in many other places in the world, is there any possibility it could be a scam?
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