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Article · 12 min read
Hit while turning right: proving fault in a turning collision (UK)
Hit while turning right in the UK? How fault is decided between a right-turner and oncoming or overtaking traffic, and how to prove your non-fault claim.
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Hit while turning right: proving fault in a turning collision (UK)
Turning right is one of the trickiest manoeuvres on a UK road, because it means crossing the path of oncoming traffic, and turning-right collisions are among the most argued-over claims insurers handle. You might be the driver turning right who is struck by an oncoming car, or by a vehicle overtaking the queue you were turning out of. You might be the driver going straight on who is hit by someone turning across you. Who is at fault depends on the exact configuration, and unlike a rear-end shunt the answer is genuinely fact-sensitive.
This guide explains how fault is decided in a turning-right collision in the UK, the Highway Code rules that govern the manoeuvre, the common scenarios and who tends to carry the blame in each, how the evidence is used to prove it, and how a non-fault claim is handled. Junction and turning collisions are covered in detail on our dedicated page at /junction-accident-claims, and the breakdown of who pays for what when you are not at fault is at /who-pays-what.
The Highway Code rules for turning right
The core duty on a driver turning right is patience: wait for a safe gap. Rule 180 of the Highway Code, dealing with turning right, requires a driver to take up position just left of the centre line, to wait until there is a safe gap between themselves and any oncoming vehicle, and to watch out for cyclists, motorcyclists, pedestrians and other road users before turning. Rule 179 covers getting into position and signalling in good time. The point is that the right-turning driver is the one crossing the path of others, so the onus is on them to make sure it is genuinely safe before committing to the turn.
But that is only half the picture, because oncoming and overtaking drivers have duties too. A right-turning driver who has waited properly and committed to a clear gap should not then be punished because someone came along at excessive speed, or overtook a queue dangerously, or jumped a red. Rule 170, dealing with junctions, requires drivers to watch out for and give way to road users at junctions and to take particular care for cyclists and motorcyclists, who are easy to miss. And rules 162 to 168 on overtaking forbid overtaking where it would be unsafe, including overtaking traffic that is queuing or slowing to turn. So the blame in a turning-right collision is not automatically on the turner; it depends on what the other driver was doing.
DETAIL
03
Section 3 of the walkthrough.
The common turning-right collisions and who tends to be at fault
Turning-right cases fall into a few recognisable shapes, and identifying yours tells you what evidence will decide it.
Right-turner versus oncoming traffic. You turn right across the road and are hit by a car coming the other way. If the oncoming car was there to be seen and you misjudged the gap, fault is usually yours. If the oncoming car was speeding, had no lights at night, or appeared from nowhere, the picture shifts and fault may move to them or be split.
Right-turner hit by an overtaker. You signal, position and begin turning right out of a queue, and a vehicle overtaking the queue on your offside ploughs into you. The overtaking driver is frequently at fault, because overtaking a queue that is slowing or where a vehicle is turning is dangerous and often prohibited, though a turner who failed to check the offside mirror may share blame.
Straight-on driver hit by someone turning right across them. You are going straight ahead and a vehicle turns right across your path from the opposite direction or from a side road. The turning driver, who had to give way and find a safe gap, is normally at fault.
Right turn at traffic lights with a filter. Where there is a green filter arrow, the driver turning against the filter rules, or an oncoming driver running a red, is the one at fault. The signal phase is the key fact, and signal data or CCTV often settles it.
Turning right into a side road or driveway. A driver turning right into a side road or premises must give way to oncoming traffic. Cutting across an oncoming vehicle to make the turn usually puts fault on the turner.
How the evidence proves who was at fault
Because turning-right liability is so fact-sensitive, the evidence that pins down speed, position and signal phase is what wins or loses these claims. The point and angle of impact tell an engineer where each car was and how fast it was likely going: a heavy strike to the side of a turning car suggests a fast oncoming or overtaking vehicle; damage to the front corner can show the turner cut across. The resting positions, the length and direction of any skid marks, and the damage signature on both vehicles all feed into the reconstruction.
Independent witnesses are especially valuable in turning cases, because whether the oncoming car was speeding, or whether the overtaker pulled out dangerously, is often a matter of observation that the physical evidence alone cannot fully capture. A dashcam clip is gold, as it can show the gap, the speed and the signalling. Where the collision was at signals, the phase of the lights at the moment of impact is frequently the decisive fact, and signal data held by the highway authority or junction CCTV can establish it, though that data has short retention windows. Note any cameras at the scene, because council, Transport for London and junction CCTV is often overwritten within 14 to 31 days.
What to do at the scene
Stop and check for injuries - section 170 of the Road Traffic Act 1988 requires you to stop after any accident involving injury or damage, whichever side you were on. Switch on hazards. A junction is a busy, exposed place, so if the cars can be moved clear safely once positions are noted, do so; if not, get everyone away from the traffic.
Exchange details as section 170(2) requires: name, address, the keeper's details if different, and the registration, plus the insurer and policy number and a mobile number. If the other driver refuses, drives off, or gives false details, record the registration, make, model and colour and report to the police within 24 hours under section 170(6).
Then photograph and gather evidence before the scene clears. In a turning-right case the resting positions, the lane and line each car was on, the give-way and centre-line markings, the junction layout, and any traffic-signal aspect are decisive, so capture them before vehicles move. Save any dashcam file at once. Get the name and number of any independent witness - a pedestrian at the junction, a following driver, a bus or delivery driver - because their account of speed or of a dangerous overtake can be what settles the claim.
06DETAILKey takeaway
Who pays for what, and how a non-fault claim is handled
When the evidence shows the other driver was at fault, their insurer is responsible for putting you back where you were before the collision: the cost of repairs (or the market value if the car is written off), recovery and storage of a car that cannot be driven, and a replacement vehicle while yours is off the road. None of this should fall on your own policy or excess when fault sits with the other side. Our page at /who-pays-what sets out each cost head and who carries it, which is particularly useful in turning cases where liability and apportionment can be contested.
Practically, if your car is undriveable we arrange 24/7 recovery and secure storage, then an independent engineer inspects it before any repair, fixing the correct scope and recording any pre-existing damage. Repairs follow at a vetted bodyshop working to PAS 125 or BS 10125 standards, coordinated on your behalf and recovered from the at-fault insurer. A like-for-like replacement can be arranged while your car is off the road; under Lagden v O'Connor [2003] UKHL 64 a non-fault driver who cannot afford to hire otherwise can recover the reasonable cost of credit hire from the at-fault insurer, within the limits in Dimond v Lovell [2002] 1 AC 384. The full junction and turning claim process is at /junction-accident-claims.
Split liability and the deadlines
Turning-right collisions are more likely than most to produce a split-liability outcome, because both drivers can carry some responsibility - the turner for misjudging the gap and the oncoming or overtaking driver for excessive speed or a dangerous overtake. A split (such as 50/50, 25/75 or 75/25) shares the loss between the insurers. Good evidence is what moves a case off an unfair split and onto the correct apportionment, which is why an early independent engineer's report, any witness statements, and any dashcam, signal data or CCTV matter so much. We argue the evidence on your behalf to secure the right outcome rather than an easy halfway compromise.
Under section 2 of the Limitation Act 1980 you generally have six years from the date of the accident to claim for vehicle damage, and section 11 gives three years from the date of injury for personal injury. Those are long-stops, not targets. The evidence that decides a turning-right case - signal data, junction CCTV on a 14 to 31 day loop, dashcam files that overwrite within hours, and witnesses to a fast approach or a bad overtake - disappears quickly. Opening the file at once is the difference between proving your non-fault case and being forced into an avoidable split.
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 was turning right and an oncoming car hit me. Am I automatically at fault?
- Not automatically. Highway Code rule 180 requires a right-turning driver to wait for a safe gap, so if the oncoming car was there to be seen and you misjudged it, fault is usually yours. But if the oncoming car was speeding, had no lights at night, or ran a red, fault can move to them or be split. The evidence on speed and signal phase decides it.
- I was turning right and a car overtaking the queue hit me. Whose fault is that?
- Often the overtaking driver's. Overtaking a queue that is slowing or where a vehicle is turning is dangerous and frequently prohibited under the overtaking rules. A driver who overtakes into a right-turning car is usually at fault, though if you failed to check your offside mirror before turning you may share some blame. Dashcam footage and witnesses are key.
- A car turned right across me while I was going straight on. Who pays?
- Normally the turning driver. A driver turning right has to give way to oncoming traffic and find a safe gap. Turning across a vehicle that is proceeding straight ahead usually puts liability on the turner. The point of impact and any footage confirm the configuration.
- It happened at traffic lights with a filter arrow. How is fault decided?
- On the signal phase. Whoever was acting against the lights - turning against the filter rules, or running a red - is normally at fault. The phase of the lights at the moment of impact is the decisive fact, and signal data held by the highway authority or junction CCTV can establish it. That data has a short retention window, so it must be requested quickly.
- Could I end up with split liability?
- Possibly. Turning-right cases are more prone to a split than most, because both drivers can carry some blame - the turner for the gap, the other driver for speed or a bad overtake. A 50/50 is not automatic, though. An early engineer's report, witnesses, and any dashcam or signal evidence are what secure the correct apportionment, and we argue them on your behalf.
- Do I have to pay anything to claim after a turning collision?
- Not when you are the non-fault driver. The at-fault driver's insurer is liable for the reasonable cost of recovery, storage, repairs and a like-for-like replacement vehicle, as our page at /who-pays-what explains. We arrange it all and deal with the at-fault insurer directly, with no upfront cost to you, and route the claim away from your own policy so your excess and no-claims discount stay protected.
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