Driver not admitting fault, where do i stand?!

[Rose19911991x]

My lights were on green and i was going straight across the road as a car came speeding into me from the left hand side. He claims i was stationary in the yellow box but the traffic was flowing infront of me. He was speeding and not taking any notice of the road and must of came over on amber . As soon as he got out of ths car he had his phone in his hand which made me wonder if thats why he didnt see me. There was a witness around who didnt actually see the crash happen but said it looked 50:50 as i was in the box which i was but i was in flowing traffic not stand still so i had to be 'in the box' to go through the road. You can see from the damage to my car that the driver was speeding.

Driver at fault wanted to go down the 50:50 route as soon as the witness started to say her opinion but she didnt see the crash or his speed she just looked after the crash and saw he hit me whilst i was in the yellow box. driver at fault was saying he would be happy to go down that route to the witness but she didnt see the crash happen or see how he was speeding so I'm not agreeing as he went into me during flowing traffic and was speeding. I had my 6 week old baby in the car with me im a careful driver and dont take chances.(thankfully shes fine)

Where do i stand?
If there hadnt of been a yellow box he would be at fault, but because i was passing through a yellow box everyone seems to think its his word againt mine.

His car was small bumper damage but hes wrote mine off? Im panicking. Please help?

So his “defence” is that you were stationary in a yellow box and he thought he’d hit you at speed in the side? Dickhead.

Even if you had been sat in the yellow box from an insurance point of view it would still be his fault.

If you haven’t done already contact your insurance and let them deal with it. Word of warning though sometimes they are keen to settle 50/50 and you need to be quite firm that it isn’t 50/50. Some idiot reversed into the side of me once and they said I’d shot behind them without indicating and my insurance said it might go 50/50. It eventually went down as their fault.

How do you know it wasn't clear at the other side? You weren't there

The witness never saw the crash, only the aftermath

Witness only has to have said she saw traffic exiting the box and the OP in the box having been hit. That is possible to have been observed after the actual hit.

Without the witness docs I can only guess but that would be my assumption based on what the OP says.

You stop speculating, inform your insurance company and let them get on with it.

Here is the usual MN madness - I don't know why people are somehow blaming Op for driving through a box junction on a green light (going straight across the road gives no indication that she stopped)... sigh... EVEN if she did stop, and in a box junction, a driver coming through and hitting her side on would still be at fault.

He went through the lights illegally so shouldn't have been able to hit her but actually she entered the box illegally so she shouldn't have been there to be hit. 50/50

Even if she had entered the box illegally I don’t think that it would be 50/50. Friend of mine got hit by a bus while parked on double yellow lines outside a shop. Bus driver went crackers blaming them and saying if they hadn’t been parked illegally they wouldn’t have hit them. Insurance company weren’t bothered about illegal parking and the bus driver was found at fault for hitting a parked car.

was flowing then she is entitled to be moving through the yellow box.
As above no shes not. The exit actually has to be clear before you enter the box.

I don't understand this - doesn't it mean that you're supposed to go through one at a time with each person waiting for the driver in front to leave the box before they go in?? Surely no one does that and if they did it would cause chaos and cause traffic to grind to a halt?

@CovidCorvid you are wrong. Rule 175 of the highway code. It's a very obvious 50/50

If he's claiming you were stationary then he would be liable. At worst it's a 50/50. Just speak to your insurance company and see if there's any CCTV (CCTV tends to get deleted after 30 days so it's worth being proactive with it, regardless). Also, she's not a witness if she didn't see the accident.

@littlegreybird

*was flowing then she is entitled to be moving through the yellow box. As above no shes not. The exit actually has to be clear before you enter the box.*

I don't understand this - doesn't it mean that you're supposed to go through one at a time with each person waiting for the driver in front to leave the box before they go in?? Surely no one does that and if they did it would cause chaos and cause traffic to grind to a halt?

Yes! That is what it means. I must be the only person in the world who actually treats box junctions correctly

[quote Caramellatteplease]@CovidCorvid you are wrong. Rule 175 of the highway code. It's a very obvious 50/50[/quote]
I know what the Highway Code says thanks. Just because someone breaks rule 175 does not mean they deserve to be hit in the side….nor does it mean from an insurance point of view they’d be at fault. Any driver who admits driving into the side of a stationary vehicle is a bit dim. Makes no difference if the car was supposed to be there or not, the fact is they were there and the other car should have seen them and stopped.

This isn't up to you or the other driver to decide.

@YellowBellyCat that ones been tried in court. It's something like a "there to be seen principle". I'm rusty in my knowledge. But I think some of the idea is that the car is empty so the proximate or most immediate cause of the accident cant have been negligence on the part of the driver of the empty car because they weren't there. Also if it was double lines it's not unreasonable to suppose a car might be parked there (blue badge holders for example can park on double yellow)

Motor claims adjuster here - Highway Code, whilst useful, is only a guideline when considering RTAs eg striking an illegally parked vehicle does not absolve you from negligence or responsibility to pay for the damages. I really hope he pleads you were stationary as he will then be held 100% liable - a stationary car cannot be decreed to have conducted a negligent act or omission. In this case, my advice would be

1. Pass to your insurers to let them deal.
2. Provide them with the witness’s details.
3. Look at the traffic light sequence and pass the info on to your insurers. When your light was green, what colour was the TP light? How long till they change etc.
4. Take photos of the damage to your vehicle and provide these, together with a comprehensive statement and diagram to your insurers.
5. Check with the Council/Local shops for any CCTV footage.
6. Local FB appeal for any other witnesses.
7. Request confirmation of the existence or the fitting of a dash cam to the TPV and whether any footage is downloaded or available. Hope that helps

each person waiting for the driver in front to leave the box before they go in??

Yes that's exactly right. my driving instructor many years explained it that you must ensure you have enough space on the other side of the junction to fit your whole car before you enter the junction. No, nobody does it 90% of the time it doesn't matter overmuch

He went through the lights illegally so shouldn't have been able to hit her but actually she entered the box illegally so she shouldn't have been there to be hit. 50/50

It doesn't matter if she was doing something illegal, if it didn't contribute to causing the accident. Even if she had been stopped in the junction for several minutes, and was sitting on the roof of her car drinking a cup of tea, if someone drives into the side of her, it's his fault for not looking where he's going.

If shed been stopped for several minutes she would have been there to be seen. The OP herself says she was moving

You could park in the yellow box and it would still be his fault, as he should have been able to stop in time, regardless of what hazard was there (used to do motor claims). Let him say you were stationary in the box, it does him no favours whatsoever!

Yep, she could have broken down, etc. He still shouldn’t have hit her. He’s going to shoot himself in the foot. I suppose this story gets him out of admitting he ran a red light….but either way it’s his fault.

Driving through a yellow box to reach a clear exit on a green light..hit side on..his fault

Stopped illegally In a yellow box junction..he has hit a Stationary car.. his fault

Don't worry that's what you pay insurance for ..if he's a dickhead like the guy who hit me and refused to take liability..it may result in a bit of to and fro...but like I say that's why you pay insurance

Have you had your baby checked out by a medical professional? When I had a car accident with my 3 month old I was told to get them checked at A&E to be certain they were ok.

From what you’ve said it sounds like it was 100% the other drivers fault. Especially if you were stationary. So just contact your insurance company and let them deal with it. If you don’t have the other drivers insurance details just give what you do have to your insurance company and they’ll tell you how to proceed. You do not have to communicate with the other driver after exchanging details.

Also, you’ll need to get your car seat replaced even if it looks fine. Some car seat companies will do this immediately for you, then claim directly from your insurance, for others you’ll need to check with your insurance company on how to proceed.

@Caramellatteplease

174 Box junctions. These have criss-cross yellow lines painted on the road (download ‘Road markings’). You MUST NOT enter the box until your exit road or lane is clear.

Floralnomad is absolutely right. Your actions were against 174 of the highway code. Legally you shouldn't have been there anymore than he should. I'd be deeply surprised if this came out anything other than 50/50 especially if the report you put into you insurance company reads the same as you put here.

Everyone who said you did nothing wrong (from a legal perspective) need brushing up on their highway code!!!

The end of the yellow box was clear, i was in flowing traffic not a traffic jam, my vehicle didnt stop in the box i was driving through it which i had to, to get to the other side. Driver at fault is the one saying i was in the yellow box. Im not about to drive in yellow boxes and risk being crashed into when i have a 6 week old baby in the car.

Get a dashcam for next time

In your OP you said
traffic was flowing infront of me.
but i was in flowing traffic

You shouldn't have been in flowing traffic/had traffic in front of you if the exit from the box was clear, you should have been the only car in the box.

Argue it out with your insurance company. Gives them a laugh

Sorry, maybe its my way of words (shook up ,not long happened ) but i mean traffic was moving. Box was empty as i approached. I wouldnt of gone in if not. Maybe flowing and traffic were the wrong words to use. Moving vehicles were infront but past the yellow box if that makes more sence.

Don’t panic op. The yellow box I think is irrelevant since you weren’t stationary.

If he’s gone into side of you I can’t see how you can be blamed unless he claims you ran a red light.