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?

The other driver can still be at 100% fault irregardless of what you were doing.

Even if you were stationary in a crosshatch junction - for all they know your car might have broken down etc. If you entered the junction through a green light in free flowing traffic, they must have skipped a red or amber.

Even if you enetered the junction and stopped in the middle, what was the other driver doing? Do they routinely just check for a green light and then close their eyes and hit the accelerator? Assume the path will be clear.

Even if you had stopped in the yellow box, that does not exonerate the other driver from hitting you, if you were there to be seen.
In reality, in the absence of actual proof, claim off your insurance and be prepared to lose your ncd

This happened to me, other driver hit me from behind while I was stationary at lights. He wouldn’t accept responsibility, it was late at night so no one around, no dash cams etc... It dragged on for about 9 months and I had to pay higher premiums for a short while but eventually they said because he hit me they were going to rule in my favour. I got the premiums refunded then.

@JellyBabiesFan

So whenever people flow through a yellow box they stop and wait until the car in front has cleared it before driving through. Really

Erm. Yes

Surely that is obvious.

Erm, no. The purpose of box junctions is to prevent the situation where crossing traffic, when they get a light, can't proceed because someone is stuck in the middle because they can't get clear.

If multiple cars are going through a box junction, the exit is clear and traffic is free flowing, there is no reason for each car to stop until the car in front has cleared the junction. That's just holding up the flow of traffic for no reason.

At the risk of stating the obvious. If OP was in the box junction (stationary or not), then the other driver must have been entering the box junction too albeit from another angle.... and he would have definitely been in the wrong as she was in his way and therefore he couldn't have got across it.

I would definitely be arguing it was his fault if he caught you on the side

@Petal12

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

This! Check for local cctv cameras for proof too.

@safariboot

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.

Incorrect

They could both have been proceeding on a red light. It is very common for box junctions to operate in such a way that traffic emerging from two different exits have a green light at the same time. Often there is no right turn filter so traffic turning right has to cross the path of traffic proceeding straight on a green light.

If that is the case I would expect the turning vehicle to be at fault in most cases. But since we don't know the junction layout or traffic light sequence we can't know for sure.

Ultimately it doesn't matter whose fault it was. That is what insurance is for, and sadly your premium will go up whether or not it is your fault, his fault, or a mix of both.

Definitely check if any cctv or camera on the junction. I was too slow in doing this and council had deleted it (after 30 days).

And don't say to your insurance "I was driving carefully because I had a child on board."

Even if you're blatantly at fault, you're never supposed to say so at the scene. Insurance companies always tell you to stay neutral, swap details and leave the rest to them.

Honestly, just let your insurance deal with it. Don't engage with the other driver, don't argue with them - just forward all communication to your insurance and let them sort it - that's what you pay them for.

@Hilda40 why not when it was the truth? I dont care if they've heard it a million times before i would not put my child in danger and the fact my child was in the car is the reason im so angry, i gave birth to her less than 6 weeks ago, the knock has also knocked my stitches out! . If i hit a car with a child in I'd be mortified so for him not to even care.... I'll see him in court.

This is why, in Jersey (not sure about Guernsey) it's illegal to leave the scene of an accident, or even move your car an inch, if an accident occurs which damages either another car, a property or a person.
Calling the police is mandatory. Taking photos is also encouraged if you don't have a dashcam.

The last time I drove in the UK a few years ago, I had a man drive into me in Devon - I was on a main road, he was exiting from a minor road, headphones in, not looking. I stopped as soon as I could see he wasn't paying attention, but he ran into the front of my car all the same (luckily not badly, thankfully).

But because my instincts were to stop, wait for the police, take photos etc, it was only when I had other people caught up behind us telling me to "get the fuck out of the way and move your car", and remembered it's not like that on the mainland. Over here, you absolutely do not move your car unless or until instructed to do so by the police (either States police or the parish honoraries).

After that I swore never to drive in the UK again without a dashcam, which I got fitted straight away. The other driver did try to argue the toss, and it took a few months, but in the end I persisted and his insurance company paid with no stain on my no claims or premiums.

But the yellow box thing in the OP's case does muddy the waters. I might not live somewhere with many yello boxes (I think we've got 2!) but I do know the rules. You can only enter if your exit is completely clear. It doesn't matter if the traffic in front of you is 'flowing', the exit still needs to be clear.

The OP might be on shaky ground here.

@Rose19911991x
Have you contacted your insurance co?
Have you seen a doctor about your injuries and told your insurance co?

This exact thing happened to me and DH a few years ago. It was a keep clear box there for one the lights are red so allow access but the lights were green and there was no traffic in front of us. A car ploughed into the side of us as we were moving through the box, they were found at fault by our insurance company despite him shouting at me in the road that it was my fault (I wasn't even driving). We didn't engage and just exchanged details and took relevant pictures. Didn't argue over who was at fault and left our insurance to it.

OP, do you have comprehensive insurance?
Or just third party?
Is that why you are in such a panic?

@Rose19911991x I hope you and your baby have been checked over by a doctor? The after effects of this accident should be documented - stitches and all. Aches and pains may not surface for a few days, but hope you get your stitches looked at, and repaired if necessary, straight away? There may be an infection risk, unless healed to a good degree? x

Maybe ask on local Facebook groups if anyone witnessed the incident or has dash cam footage? Maybe a long shot, but you might get a better witness

Just popping on to say hope you and baby are OK, regardless of anything you'd be in shock. Remember to buy a new car seat and claim for that too!

Insurance will sort it if you have the legal cover they can fight it in court but you do t have to go. A mini bust went through a junction in the wrong lane and I went into him a few years ago. Neither of us claimed fault and I just let the insurance deal with it. At some point it did get referred to their legal team as I got letter from a solicitor but eventually got ruled in my favour. I think it took about six months to be resolved

@fastandthecurious im panicking because there doesn't look like their in cctv so is it his word againt mine even though he went into me? I have got fully comp insurance but my car is a wreck and no doubt a right off. His car is minor damage! Are you in the uk? If so what insurance company were you with and who settled it in your favour? Did it take long? Im with admiral and they sounded like they weren't even bothered! Im going to the financial ombudsmen if they rule it 50:50 without thoroughly investigating . How did yours come about? Thank you