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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice
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I was driving down a main road on a partially built housing

Customer Question

I was driving down a main road on a partially built housing estate. There was a give way sign put up which I assumed was for oncoming traffic as it wasn't specified otherwise. I was hit by a car coming out of the junction on the left as he didn't look , who's fault is this please
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you saying that you didn't stop at a give way sign?
Or were you on the major road?
Customer: replied 2 years ago.
I was on the main road. There was a give way sign but there was nothing on the sign apart from those words so I assumed it was give way to oncoming traffic . A car came out of a left hand junction without looking and into me
Expert:  Jo C. replied 2 years ago.
Ok.
Does the sign direct you to stop? Have you checked subsequently?
Customer: replied 2 years ago.

All it said was give way. Nothing more.

Expert:  Jo C. replied 2 years ago.
Are there break lines at your junction or at hers?
Were the signs facing you or her?
Customer: replied 2 years ago.

There were no lines anywhere. The sign was facing me

Expert:  Jo C. replied 2 years ago.

I assume that the police are not involved and you are asking about this for insurance purposes.

In cases like this the insurance company will normally settle on what is known as a knock for knock basis which means that you would each pay for your own damage. The reason for that is quite simply because it appears that the signage is defective and it wasn’t actually clear who had the right-of-way.

Whether that is how they would deal with it or not would come down to the actual layout and whether it would be apparent (particularly from photographs) that you were on the main road and the other person was coming out of a side road.

I’m sorry that this is bad news for you.

Can I clarify anything for you?

Customer: replied 2 years ago.
I was definitely on the major road. Took photos into the insurance company. I had people in the car, so not sure how that will work on knock for knock either
Customer: replied 2 years ago.
Also the signs were put up by the building contractors not high ways
Expert:  Jo C. replied 2 years ago.

Even based upon your extra information, I still think that the insurance company would deal with this knock for knock unless you can prove that the signage was adequate (which seems unlikely) and that it clearly related to the other person and not to you. You said that the sign was facing you which doesn’t help you although because of the inadequacy of the sign I really don’t think it’s going to make much difference.

I’m sorry, I wish I could give you a more favourable answer based upon experience with insurance companies that is what’s likely to happen in a case like this when the facts and the layout are not particularly clear.

If you are adamant that this is your fault and the insurance company are intent on settling your claim on a knock but not basis, then you can always refer the matter to the Financial Ombudsman is a complaint about how the insurance company has dealt with this.

Can I clarify anything else for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 69783
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 2 years ago.
Hi would like to cancel this subscription as I no longer need this service. Tried to cancel a couple of days ago but have not had a reply to the cancelation I requested. Thanks
Expert:  Jo C. replied 2 years ago.
You need to email customer services about this on***@******.***

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