Car accident at yellow box junction

aom_ref

I think you've been unfortunate but I can also see your insurer's point of view. Without a witness (that they're willing to listen to) to say that he was unable to move before you started to cross the box it does appear that he has right of way to me as you're coming from a junction clearly marked as a give way.

Looking at the pictures and from your account I would guess that he wasn't paying attention to the side junctions and was only focusing on cars in front of him, so when they moved off at the green light he followed.

You could ask your insurer to fight your case but they may prefer to settle now because the longer any personal injury claim runs the more it will cost them in fees etc. It won't help with this case but a lot of knowledgeable posters on here recommend dash cams, I've actually just picked one up for my own car.

Finst

I know this junction well. Unfortunately for you, I'd expect this claim to go split liability, either 50:50 or "knock for knock".


The problem you have is there are two logical explanations of how this accident could have happened, one being your fault, one being his. Because the insurance companies has no way of proving which is true, it'll be very hard to convince them (or a court) you weren't at fault.


You need to argue that you made sure it was clear in both directions and he had nowhere to go, then proceeded with caution across the junction, that he pulled away before his exit was clear and that he failed to take adequate observations before setting off. Given how stupid he would have to be to not notice a car right in front of him, you'll struggle to do that with a witness or video evidence. From memory, there is CCTV on that street, can you get access to it?


From his side, all he needs to do is claim you shot out of the side road without warning. Being honest, without evidence that is probably the more believable story. Unless you can argue that he expected you to be turning right so when you went straight across he misjudged how quickly you would clear his path?