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?

As others have said it's not for you to decide.
Your insurance companies do that.
Leave it for them to sort out.

He's hit your car in the side? How can that ever be your fault?

What she said. It is very common for the guilty driver not to admit fault. Let your insurance company deal with it. They’ve heard it all before!

Absolutely you should refer this to your insurers.

Check the traffic light sequence though, he may not have been running a red, often in a box junction you can turn right across oncoming traffic.

When you’re turning right you can stop in them provided your exit road is clear and the only reason why you need to stop is because of oncoming traffic. (I am taking my IAM so I KNOW this unlike some of the goady shits on this thread).

Were you turning right Op? If so let the police know he was using his phone - it will turn into a criminal investigation then and they will check phone records.

You were going straight and he came from your left. You say you had the green light. Therefore either:

A, he ran a red light. 100% his fault. The box junction is a complete irrelevance.

B, the lights were faulty. But if that were the case surely it'd be obvious as you'd be just one of many crashes there.

C, you were looking at the wrong lights and ran a red yourself. It'll be easy to tell whether this is plausible at the junction.

Unfortunately without any dash cam or CCTV footage the insurer might well roll over and accept fault.

@Caramellatteplease

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

What exactly are they going to laugh about?

Unless your car works very differently to mine they don’t levitate sideways thereby allowing the side of OPs car to hit the front of the other persons vehicle.

The box junction is a complete red herring.

If OPs lights were on green she has right of way, it then becomes exactly the same situation as OP being hit side on by someone coming from a side road onto the main road - it’s the responsibility of the person entering the main flow of traffic to make sure their way is clear (I.e not crash into the side of another car)

@Rose19911991x

You can enter and wait in a yellow box if the exit is clear by at least your car length.

I think the OP means she was driving through the box and wasn't stationary at the time she was hit - is that right OP?

So she was travelling through an intersection, on a green light, and some one has t-boned her, which implies they ran a red light. OP just happened to be crossing the yellow box when hit.

@Floralnomad

Just let your insurance deal with it . The issue with a box junction is that you are legally not supposed to enter it unless your exit is clear so even though you say you were in a line of slow moving traffic in theory you shouldn’t have been there ( even though almost everybody else does what you have done which is enter the box if the traffic is moving ) .

She didn’t say she was in a line of slow moving traffic.

It isn’t clear from what OP has said if her exit was clear or not.

There will likely be cctv.

I am definitely going to get dash cams , I keep seeing cases like this and everything I think I need one as it can save all this shit.

If there was space on other side of box junction when you entered it, I would continue to fight this and let your insurance pursue. If you both continue to say you're not at fault it may go to court but (assuming the above is correct) I don't see how you could be in the wrong.
If your exit was not clear when you entered the box I would accept shared responsibility (although still don't agree that's correct as he went into you!!!)

From an insurance point of view as a driver you are not meant to admit to any liability at the scene of an accident. That's for the insurance company to decide. Let them deal with it.

Just describe clearly and calmly exactly what happened to your insurance co.

Draw them a diagram.

Don’t get into the whole ‘witness’ thing, a passer by is likely to feel intimidated giving an opinion in the face of a pushy other driver, they are not qualified to decide who is at fault, and they didn’t see.

Be very clear; your light was green, the route out of the box was clear.

Explain to your insurance company that it was his fault. Be prepared to go to court. That's the point when he'll probably back down.

@petal12
Would they look into the damage of my car for proof he was obviously speeding? I heard him tell the witness he broke and it was too late, so to actually of broke and still hit me at that speed means he was over the limit. Ill argue it down to the ground, his guilty face said it all. I was passing through the yellow box to a clear exit, if he was doing the speed limit I'd of made it a cross, thats what lights are for!

@GabriellaMontez

Explain to your insurance company that it was his fault. Be prepared to go to court. That's the point when he'll probably back down.

As OP won’t be paying legal costs, the insurance company gets to decide whether it goes to court and it is very unlikely that this they would. It is the long term injury cases that they might go to court over, not a bump and even a bump and write off. The insurance companies in all probability will come to a knock for knock agreement for administrative ease.

As others have said, leave it with your insurance company.

State the facts, draw them a diagram. Ask them to check for CCTV/cameras at the junction. They may be able to check for tyre tracks too which would indicate whether you were moving or not when he hit you.

Ultimately the other driver is at fault. If he jumped the lights, he's wrong. If he was using his phone, he's wrong. Above all if he smashes into the side of a car that was stationary then he's clearly wrong. He'd actually be better arguing you'd jumped the lights yourself and darted in front of him. There's no excuse for hitting a stationary car, because as the highway code states you must ALWAYS give way if it would avoid a collision. Even if it's your right of way, even if the other driver is driving dangerously.

It sounds like he was on his phone and ran a red light. If your light was green, his would not have been amber.
Just state everything very clearly to your insurance company - write everything down for yourself while it's fresh in your mind, as you've had a nasty shock and might forget something.

Hope you and your little one are ok x

Leave it to the insurance. I think the box junction is a red herring. If your light to go straight on was green then his was on red and so he's at fault - he either ran a red light or, if the light is faulty should have taken extra care to proceed given there were cars moving in front of him.

The other driver is at fault.
But OP, it confuses your case if you keep on saying about “flowing traffic”. It makes it sound that you were just following the car ahead of you without checking the box junction exit. You need to say that your exit from the box junction was clear.

OP: have you spoken to your insurance co yet?

Dial down the drama: you are reacting to his acting job. What you need to be doing is being very clear about the facts to your insurers.

Just say ‘he approached very fast’ and give a speed IF you are able to guess.

Tell them calmly anything you heard him say about the light.

What have the insurance company actually said? It’s their job to work it out.

And did the police not attend? What did they say?

I thought the yellow box rule is that you do not enter it until your exit is clear. This rule isn't always obeyed. But good idea to mention the mobile phone. I agree with letting the insurance company deal with it.

Even if OP had made a mistake and was sat in the yellow box, the other driver is still at fault if he bloody crashes into her. As a PP said, it's almost even worse for him if she's stationary as no reason not to see her.

MN is funny about yellow boxes, I don't know if the people on here drive round them or something? You have to drive through them to cross a junction with one and it sounds like that's all op was doing. But like I said even if she had stopped, he's still at fault for crashing into it.