Roundabout Injury Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a road accident we can help.

The purpose of this guide is to help anyone who has suffered a road accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming roundabout injury injury compensation:

Introduction

Accidents on roundabouts are one of the most common forms of road traffic accident. Safely navigating a roundabout requires good judgement and awareness of other vehicles, and depends upon on each driver positioning appropriately.

Accidents on roundabouts tend to happen when drivers position incorrectly for the exit they want to take or when drivers pick up the wrong lane while exiting the roundabout.

The Highway Code

The Highway Code states that when turning right at a roundabout, you should:

  • signal right and approach the roundabout in the right-hand lane
  • keep to the right on the roundabout until you need to change to the left lane and exit the roundabout
  • signal left after you have passed the exit before the one you want

In most cases, the left lane can be used for both turning left and proceeding straight ahead. However, on some roundabouts, the left lane may be for turning left only or straight on only.

Signs and road markings will inform the driver of the appropriate lane for their exit. The left lane is not for turning right, and drivers who continue around the island in this lane are at risk as they are crossing exits that other drivers are attempting to emerge from.

Drivers who attempt to exit the roundabout from the right lane are also at risk of causing an accident as other traffic may be moving alongside them in the left lane. It is essential that a driver signals his or her intention when wishing to exit the roundabout.

If a driver fails to adhere to the Highway Code, then he/she could be at risk of causing an accident. If you are involved in an accident with a driver who was in the wrong lane of a roundabout, this doesn't necessarily prove liability. A solicitor will consider all evidence at hand and advise you as to the strength of your case.

What is the correct way to exit a roundabout?

Section 186 of the Highway Code explains the signals and positions required to exit a roundabout safely. When taking an exit, drivers are required to obey the following (unless signs or markings indicate otherwise):

First exit

  1. Signal left and approach the exit in the left lane
  2. Keep to the left and signal left to leave

Exit to the right or going full circle

  1. Signal right and approach the roundabout in the right lane
  2. Keep to the right until you need to change lanes to exit
  3. Signal left after passing the exit before the one you want to take

Intermediate exit

  1. Select the appropriate lane on approach to roundabout
  2. Stay in lane until you need to change to exit
  3. Signal left after passing the exit before the one you want to take

In practice, motorists do not always adhere to these rules. Not only can roundabouts be confusing to navigate, but bad habits or ignorance can result in incorrect lane usage.

Why does incorrect lane usage lead to accidents?

By failing to exit in the approved lane, drivers can end up blocking or cutting up other motorists on the roundabout.

Most accidents in this situation are caused when vehicles turning right on a roundabout stay in the left lane until they reach their exit. This means they are preventing other road users exiting who are correctly positioned in the right lane.

Proving wrong lane driver liability

In Slater vs Bancroft [1999], a driver was held 100% negligible for an accident due to being in the incorrect lane for the intended exit and not taking care when adjusting the position. However, liability is not always clear cut.

Both parties may be at fault, or the driver could have taken care when repositioning despite being in the wrong lane. Often both parties will argue that they were positioned correctly on the roundabout. In order to prove other driver liability, CCTV footage and witnesses of the accident will often be called upon to prove who was really responsible. A solicitor can assist the claimant in requesting footage to support their claim.

Do I have a roundabout injury claim?

A roundabout injury injury claim should be possible if you sustained an injury:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
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Claim eligibility - Common questions

What if the road accident was my fault?

If you think you were partly responsible for the road accident or for your injury, it should still be possible to make a claim.

In these cases, claims are usually settled with a split liability agreement.

For example, if you were 50% responsible for your injuries, you would receive 50% less compensation.

Read more about when there is uncertainty as to who is to blame.

What if the driver was uninsured or untraceable?

If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).

The MIB is an independent body that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.

Read more

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a roundabout injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

Do I need a diagnosis to make a roundabout injury injury claim?

If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start a roundabout injury injury claim after an accident, the more likely your claim is to succeed.

How much compensation can I claim for a roundabout injury injury?

The amount of money you could claim for your roundabout injury injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your roundabout injury injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a roundabout injury injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious shoulder injury can be £15,000

For a more minor hand injury, in isolation, you would typically receive £3,000.

However, if you have a serious shoulder injury and a more minor hand injury, you would typically receive £15,000 + a reduced percentage of £3,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a roundabout injury injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a roundabout injury injury will depend entirely on your specific circumstances.

Your roundabout injury injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I see the complete judicial college tables?

The table above (excerpted from the Judicial College Tables) shows the most common roundabout injury injury claims. To see the complete list see: Judicial College Injury Tables.

Will a road accident claim affect my benefits?

It may. The receipt of a compensation award could affect the calculation of any means-tested benefits. One approach to protecting your benefits, would be to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Roundabout injury compensation

Calculating how much compensation you can claim for a roundabout injury injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your roundabout injury claim could be worth now:

Calculate compensation

How long does a roundabout injury claim take?

The length of time needed to get compensation for a road accident can vary significantly.

For instance, a simple liability accepted road accident claim can settle in a few months. If the defendant denies liability, it could take longer. Typically, a road accident claim should take 4 to 9 months. See more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your roundabout injury injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

No win, no fee - the facts

With a no win, no fee agreement, your solicitor agrees that you will have no legal fees to pay if your claim is not successful.

No win, no fee guarantee

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a roundabout injury injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my roundabout injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your compensation is awarded. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my roundabout injury claim?

If your roundabout injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a penalty if I withdraw?

Under a No Win, No Fee Agreement (CFA), fees may apply if a claimant refuses to cooperate, or abandons their claim after the legal work has started, or if the claim is fraudulent.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning road accident claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Roundabout injury injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a roundabout injury injury claim?

In general, you have a time limit of up to 3 years from the date of the roundabout injury injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your roundabout injury injury claim becomes 'statute barred'.

Can I claim for a roundabout injury injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim roundabout injury injury compensation.

In reality, there are a number of factors that can affect whether a car accident claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert