Side impact collisions – who’s at fault?

Determining fault in a side-impact collision

Straightforward non-fault scenarios

• At a T-junction: If a vehicle pulls out from a side road and enters the path of another vehicle, the driver pulling out will be held at fault.
• At a roundabout: If a driver fails to give priority to vehicles from the right and causes a collision, the driver failing to give priority will be held at fault.
• Making a right turn: If a vehicle turns right across the path of another vehicle, the turning driver is at fault.

Exceptions to the ‘general rule’

• Excessive speed: If the priority driver was travelling significantly above the speed limit or too fast for the conditions, the other driver may argue the speed made it impossible to judge a safe gap.
• No headlights at night: If the priority driver was driving without their headlights on at night or in poor visibility, the other driver may argue they could not see them.
• Misleading signals: If the priority driver was indicating to turn (or flashing their headlights) in a way that wrongly suggested the other driver had time or priority to pull out, the other driver may argue they were signalled to proceed.
• Running a red light: If a driver was found to have run a red light, the other driver may argue that running the red light meant they no longer had priority.

How to prove you weren’t at fault

• Dash cam footage/cctv: This is the most definitive evidence you can have.
• Witness statements: An independent witness's account is valuable evidence.
• Vehicle damage: Take photos showing the points of impact on both vehicles and the wider scene.
• Final position of vehicles: Note the final resting position of the cars.
• Police report: An official report can provide an unbiased record of the accident.

What causes side-impact collisions?

• Failure to give way: A driver fails to stop or give way to traffic, such as at a roundabout, a junction, or when pulling out of a driveway.
• Distracted driving: A driver is not paying attention to the road e.g. using a mobile phone, eating, or any other distractions.
• Running a red light: Where a driver enters a junction after the light has changed.
• Misjudging an oncoming vehicle: A driver turning across traffic misjudges the speed or distance of an oncoming car, leading to a collision.
• Driving under the influence (DUI): A driver's judgment and reaction time are impaired by alcohol or drugs, leading to careless and dangerous decision making.

After a side-impact collision: your first steps

• Stop your vehicle safely and turn on your hazard lights.
• Check for injuries and call for emergency services if needed.
• Exchange details with the other driver.
• Take photos of the scene, including the vehicles' damage and the relevant road markings, signs, or traffic lights.

How Auto Claims Assist can help if you were not at fault after a side-impact collision

• A dedicated claims handler to manage your claim from start to finish.
• 24/7 Nationwide recovery
• A comparable vehicle while yours is off the road.
• Vehicle repair at a BSI-Kitemark accredited garage using only manufacturer approved parts and paints.
• A lifetime guarantee on your repairs (for as long as you own that vehicle)
• A fair pre-accident valuation if your vehicle is written off.

Frequently Asked Questions

What happens when the driver who caused the accident admits fault, but then denies it later?

What is the legal difference between ‘duty of care’ and ‘right of way’?

What if I have been injured in the collision?

Will I have to pay for your service?