Accident Advice
Discussion
My gf just called. Thankfully no-one was hurt but she had a minor accident today. I'd like some advice.
She was going along a wet road (40 limit, but at less than that as she had just exited a roundabout) when the traffic lights she was approaching turned amber. As she was nearly over the line and didn't want to risk an emergency stop in poor conditions she continued. Sadly someone waiting to turn right across her path wasn't so patient. They turned and my gf emergency stopped and hit the rear off side corner of their fiesta with the front near side of her car.
My gf gave her details including insurance to the other driver but only got the other drivers name and address. There was a witness who was in the queue waiting to turn right following the fiesta. She didn't get their details but the other driver did. She does not think that this driver moved (which I take as confirmation of the fact that it wasn't safe to do so).
According to my gf's insurance company recommended garage the damage 'is only cosmetic' to her car and sounds like a minor dent to the other car.
I don't know the junction concerned and as far as my gf can remember there isn't a filter signal that the other driver could have been obeying.
As soon as we can get there in daylight (this weekend) we will check this out. The other thing I though of is if the timing of the lights is such that the turning driver had had a red light in their direction for a while but there was still a green in my gfs. Anything else that we should try and find out ? - rather that going their ourselves can we phone the local authority and get a definitive statement of timing for the lights. We'll also look for CCTV but getting that may be fun.
The other thing that worries me is that the other driver was driving hers sons car on his insurance.
I have a bad feeling about that.
Any advice or suggestions as how the insurance companies may see this?
Thanks and apologies to anyone that may read this in other places as she is a bit upset about this and I'd like to offer useful advice as soon as possible.
She was going along a wet road (40 limit, but at less than that as she had just exited a roundabout) when the traffic lights she was approaching turned amber. As she was nearly over the line and didn't want to risk an emergency stop in poor conditions she continued. Sadly someone waiting to turn right across her path wasn't so patient. They turned and my gf emergency stopped and hit the rear off side corner of their fiesta with the front near side of her car.
My gf gave her details including insurance to the other driver but only got the other drivers name and address. There was a witness who was in the queue waiting to turn right following the fiesta. She didn't get their details but the other driver did. She does not think that this driver moved (which I take as confirmation of the fact that it wasn't safe to do so).
According to my gf's insurance company recommended garage the damage 'is only cosmetic' to her car and sounds like a minor dent to the other car.
I don't know the junction concerned and as far as my gf can remember there isn't a filter signal that the other driver could have been obeying.
As soon as we can get there in daylight (this weekend) we will check this out. The other thing I though of is if the timing of the lights is such that the turning driver had had a red light in their direction for a while but there was still a green in my gfs. Anything else that we should try and find out ? - rather that going their ourselves can we phone the local authority and get a definitive statement of timing for the lights. We'll also look for CCTV but getting that may be fun.
The other thing that worries me is that the other driver was driving hers sons car on his insurance.
I have a bad feeling about that.
Any advice or suggestions as how the insurance companies may see this?
Thanks and apologies to anyone that may read this in other places as she is a bit upset about this and I'd like to offer useful advice as soon as possible.
In my opinion your GF went through an amber light which means "prepare to stop and do so only if it is safe to do so." Safety is a factor of speed, road conditions and whetever else is behind you.
She was not, in my opinion or any normal interpretation of the law, breaking any traffic rules by advancing through an amber light.
I'm pretty certain that if the lights were functioning correctly then the turning driver could not possibly have had a green light. At best he would have had an amber. Amber means prepare to go but DOES NOT mean go.
I think any rational insurer would surmise that the turning driver impatientlty tried to second guess the lights and lost. Furthermore - in doing so they broke the law. Irrespective of the lights - it sounds like they turned into your path on the major of the two roads and are therefore at fault.
The law is on your side but reality suggests that your insurers will side with whoever persuades a witness to act on their behalf. If they can persuade their witness that their light was green and yours was red - you'll lose without question.
My advice is to write a letter to the other drivers home address setting out the case as you see it. Enclose photos to show that you've made an effort. State clearly that if they pursue a claim against your insurer you will contest the case in court to the extent of cross-examining any witnesses.
That will scare their witness off - there's no way they'll take the day of to save some stranger's bacon.
Do this sooner rather than latter to gain the upper hand.
She was not, in my opinion or any normal interpretation of the law, breaking any traffic rules by advancing through an amber light.
I'm pretty certain that if the lights were functioning correctly then the turning driver could not possibly have had a green light. At best he would have had an amber. Amber means prepare to go but DOES NOT mean go.
I think any rational insurer would surmise that the turning driver impatientlty tried to second guess the lights and lost. Furthermore - in doing so they broke the law. Irrespective of the lights - it sounds like they turned into your path on the major of the two roads and are therefore at fault.
The law is on your side but reality suggests that your insurers will side with whoever persuades a witness to act on their behalf. If they can persuade their witness that their light was green and yours was red - you'll lose without question.
My advice is to write a letter to the other drivers home address setting out the case as you see it. Enclose photos to show that you've made an effort. State clearly that if they pursue a claim against your insurer you will contest the case in court to the extent of cross-examining any witnesses.
That will scare their witness off - there's no way they'll take the day of to save some stranger's bacon.
Do this sooner rather than latter to gain the upper hand.
stackmonkey said:
As the other driver turned across the path of your g/f, it is their fault (by a legal default) and they should get the blame. This is regardless of whther the lights were green or amber for other driver.
I know, i did it over a decade ago and got the points to prove it....
Even if your they went through a red light, I guess it would be hard to prove without witnesses or cctv.
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