Accident - Traffic lights not working

tinalives

Hi,

I don't know whether this is the right place to post this...

This morning on my way to work I was involved in a car accident.

The traffic lights at a junction weren't working (completely down), and although I went through with caution, someone drove into the side of my car from a minor road.

My insurance company said they are going to ask the other party if they accept liability, but if they don't I have to pay my insurance excess and the claim will go through as effectively 50/50 blame, and my insurance premiums are likely to go through the roof.

I can't see this lady admitting liability when the traffic lights weren't working, but does anyone know whether it's likely that I could claim against the council due to the traffic lights being off?

Thanks.

hollie.weimeraner

Your only hope would be to have an independent witness to verify you were already in the junction whenshe came through. (May also depend where the point of impact was - if she hit you towards the rear of your car you may be able to claim you had precedence).

As far as a claim against thecouncil is concerned I would say you have no chance. Highway code states that if traffic signals are not working everyone should treat the junction as a "give way" and proceed with caution.

tinalives

That's what I thought too.

johnfarquhar74

tinalives wrote: »

I went through with caution, someone drove into the side of my car from a minor road.

hollie.weimeraner wrote: »

Your only hope would be to have an independent witness to verify you were already in the junction whenshe came through. (May also depend where the point of impact was - if she hit you towards the rear of your car you may be able to claim you had precedence).

Would seem rather clear cut to me but can understand why the insurance companies would complicate matters. Assuming all concerned drove with caution, if they hit your side, then they are at fault, if only life was so simple!

NCISROCKS

It'll be settled 50/50 I strongly suspect.

NeverInDebt

Agreed

Funny isnt it when you go to a busy junction with lights no working how less congested they are and everyone tends to slow down

hollie.weimeraner wrote: »

Your only hope would be to have an independent witness to verify you were already in the junction whenshe came through. (May also depend where the point of impact was - if she hit you towards the rear of your car you may be able to claim you had precedence).

As far as a claim against thecouncil is concerned I would say you have no chance. Highway code states that if traffic signals are not working everyone should treat the junction as a "give way" and proceed with caution.

forgotmyname

Minor road to the left or right of you? Which side is damaged.

Any accidents these days whether at fault or not will affect your premiums.

slyracoon

You have no chance or persuing the council unless you can prove they were negligent. They can only be negligent if they had been ibnformed of the traffic light problem and took no action to resolve it.

Assuming it had been reported and the council had put in place measures to have them repaired then it is down to the drivers to proceed with caution treating it as give way junction.

scheming_gypsy

if they drove into the side of you then there's the arguement that you didn't give way to your right, which could end up with it being a fault on your side.

maninthestreet

slyracoon wrote: »

You have no chance or persuing the council unless you can prove they were negligent. They can only be negligent if they had been ibnformed of the traffic light problem and took no action to resolve it.

Assuming it had been reported and the council had put in place measures to have them repaired then it is down to the drivers to proceed with caution treating it as give way junction.

Were there any warning signs to indicate the traffic lights were not working?

flyingscotno1

I think it will be settled 50/50 to be honest.

I'd be surprised/amazed if you can sue the council on this issue.