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Article · 11 min read
Hit at a junction: who is at fault and how to make a non-fault claim (UK)
Junction accidents are one of the most common collision types in the UK. This guide explains right-of-way rules at different junction types, how liability is established, and how to claim as a non-fault driver.
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Hit at a junction: who is at fault and how to make a non-fault claim (UK)
Around a third of all road accidents in Great Britain occur at or near junctions. The combination of crossing paths, varying speeds, different priority rules and limited visibility makes junctions the single most collision-prone feature of the road network. For the non-fault driver, a junction accident presents a liability case that is often clear in principle but sometimes requires careful evidence management to establish in practice.
This guide covers the most common junction types - T-junctions, crossroads, roundabouts and traffic-light-controlled junctions - and the priority rules at each. It explains what evidence matters most and how a non-fault driver can claim recovery, repairs and a replacement vehicle without upfront cost.
T-junctions: priority on the major road
At a T-junction, traffic on the through road (the top of the T) has priority over traffic on the minor road (the stem of the T). A driver emerging from the minor road must give way to vehicles on the through road. The give way obligation is marked by double broken white lines across the minor road and confirmed by a give way sign.
The most common T-junction collision is a driver on the minor road pulling out in front of a vehicle on the through road. Liability falls almost always on the driver who emerged without ensuring the way was clear. The sole exception is where the through-road driver was significantly exceeding the speed limit or took action that made it impossible for the emerging driver to judge their speed correctly; even then, the emerging driver typically bears the primary fault.
A less common but significant scenario is the through-road driver turning right across the junction and colliding with an oncoming through-road vehicle that was obscured by the vehicle they were overtaking. Here both drivers may be in the through road lane, and the collision turns on who had priority and who acted unreasonably.
DETAIL
03
Section 3 of the walkthrough.
Crossroads: marked and unmarked
At a marked crossroads with give way lines, the road marked with give way lines is the minor road and its traffic must yield. At an unmarked crossroads where all four roads are equal, the Highway Code advises giving way to traffic from the right. However, courts assess an unmarked crossroads by looking at all the circumstances: road width, visibility, and the speeds and actions of both drivers.
Where one road at a crossroads is visually dominant (wider, better surfaced, more heavily trafficked) but not formally signed, courts and insurers give weight to this context. A driver emerging from a narrow side road onto what is clearly the main road bears a greater burden of care than the wording of an unsigned junction might suggest.
Traffic-light-controlled crossroads are a distinct category covered by the red-light rules discussed separately. Where lights are operating and one driver crossed on red, liability follows the signal state.
Roundabouts
At a roundabout, Rule 185 of the Highway Code requires drivers to give way to traffic from the right - that is, traffic already on the roundabout. A driver entering the roundabout must yield to traffic circulating on it. A driver already on the roundabout has priority over drivers waiting at the entry points.
Roundabout collisions most commonly occur at three points: at the entry where a driver enters without yielding to circulating traffic; on the roundabout itself when a driver cuts across the inside lane of a multi-lane roundabout; and at the exit where a driver changes lane without adequate observation.
Lane discipline on multi-lane roundabouts is a significant source of collision. If you are in the correct lane for your exit and a driver in the inner lane cuts across you to exit, that driver is at fault. Their failure to follow the correct lane for their exit, and their failure to observe that you were in the adjacent lane, are the breaches.
Traffic light junctions
At a traffic light junction, compliance with the signal phase is the primary duty. A driver proceeding on green has priority over all crossing traffic on red. A driver turning right at a green filter arrow has priority over oncoming traffic (which will be on red or a separate phase). A driver who enters the junction on amber should be treating the amber as stop unless already crossing the line.
The most contested scenario at traffic-light junctions is the late amber/early red question: did the at-fault driver cross on a late amber that they could and should have stopped for, or did they cross on a red? Signal-timing logs from the local authority, traffic-light camera imagery, and dashcam footage resolve this question where the evidence is available.
06DETAILKey takeaway
Evidence in junction accidents
Road markings and layout. Photograph the give way lines, lane markings, traffic signals and any signs at the junction immediately after the collision. These are fixed infrastructure that cannot be changed, but photographs provide a contemporaneous record of their condition (relevant if a marking was faded or a signal was obscured).
Dashcam footage. A forward or rear-facing dashcam capturing the approach to the junction, the signal or give way position, and the moment of impact is often the decisive piece of evidence. Preserve the original memory card.
Junction CCTV. Most traffic-light junctions have some form of monitoring camera. The local authority or TfL holds the footage and retention windows are 14 to 28 days. Request preservation within 24 to 48 hours.
Damage geometry. The positions of the damage on both vehicles, assessed by an independent engineer, confirm the approach directions and impact sequence. This is especially useful where the driver accounts conflict on who had priority.
Witnesses. Pedestrians at the crossing, drivers at adjacent waiting bays, and cyclists at the junction are frequently the most useful witnesses because they had a clear, uninvolved view of the approach of both vehicles.
Take action
If you have just been in a non-fault collision, the fastest way to protect your claim is to open the file with us inside the first hour. We dispatch recovery, lodge the relevant CCTV requests inside the retention window, and notify the third-party insurer for you.
We do not provide legal advice. This article is general guidance for UK drivers. Personal injury enquiries are referred only with your consent to authorised legal or regulated partners. Specific limits, retention windows and process steps may change; the position at the date of any individual collision will govern the handling of that claim.
Frequently asked questions
- I had right of way but the other driver says I cut them up - how do I prove my case?
- The junction type, the lane markings, your signal state and the damage positions combine to tell a factual story. Dashcam and CCTV are the most powerful tools. An independent engineer's report on the damage geometry will confirm the approach directions and is very difficult for the insurer to contradict where the physical evidence is unambiguous.
- What if the junction signage was missing or the road was poorly marked?
- You may have a secondary claim against the highway authority for failure to maintain signage in good repair, if the poor marking contributed to the collision. This does not affect your primary claim against the at-fault driver; it adds a potential additional defendant. The accident management company or solicitor can assess whether a highway authority claim is viable.
- The other driver's insurer is blaming me equally and offering 50/50 - should I accept?
- Not without seeing their evidence. A 50/50 split is a common opening position by insurers who lack strong evidence for full liability. Present your dashcam footage, CCTV and witness statements. Only consider a split settlement after taking advice and reviewing all the evidence - and only if the evidence genuinely supports shared responsibility.
- Can I claim for damage to the junction infrastructure if my car hit a signal or kerb?
- The highway authority or local council may claim against the at-fault driver for damage to their infrastructure. You can claim for damage to your vehicle regardless. If you were forced off the road by the at-fault driver and struck a lamp post or barrier, those repair costs are part of your claim against the at-fault driver.
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