Got into an accident today - Advice Needed

[garboui]

So today coming home from a lab i was lucky enough to share the crappy Hamilton roads with poor drivers. The end result me t-boning some guy making a left turn way to late and slow in front of me. whats really bothering me right now is weather or not to take the insurance route or not. if i don't i now have to get the other party to agree that they were wrong and pay up. if i do i potentially get raped in my ins premiums going up.

the what happened:

traveling opposite directions on a 4 lane road, me in the right hand lane and the other party in the left lane waiting to turn left. there was a small car (probably an older corolla iirc) waiting to turn left as well in my direction. as i approached the intersection i saw the other guy starting to creep forward then slowed as i got closer. when i was about 50ft from the white lines at the intersection crosswalk he decides its time to turn. at this point he probably would have been alright if he was on the gas, unfortunately not. i can only assume, upon realizing he wasn't going fast enough to clear the intersection he decides stomping on his brakes is the best solution. abs crackle crackle due to sh*t Hamilton roads then... ....thunk. alot less eventful than i was expecting but thankfully little enough not to deploy airbags.

i have one passenger and one random pedestrian as witnesses (with written testimony as well) that are aware of the other drivers indecisiveness in the intersection and that the lights were green.

in this case would going through insurance still result in liability on my part; increasing my premiums?

[condor888000]

You guys call the cops?

[ElegantGremlin]

Described as you did, he is 100% at fault. He needed to make sure it was safe to make the turn before doing so. And if he is at fault, your premiums shouldn't go up.

[kid_icarus]

The only way I can see you being at fault are

1. you were going above the speed limit
2. you were blowing through a red light

otherwise there's no reason you'd be at fault

[ElegantGremlin]

The only way I can see you being at fault are

1. you were going above the speed limit
2. you were blowing through a red light

otherwise there's no reason you'd be at fault


i have one passenger and one random pedestrian as witnesses (with written testimony as well) that are aware of the other drivers indecisiveness in the intersection and that the lights were green

It isn't 2 and unless a cop was near by and recorded it, there is really no way to prove 1.

[cwp_sedan]

The only way I can see you being at fault are

1. you were going above the speed limit
2. you were blowing through a red light

otherwise there's no reason you'd be at fault

Even with those two things there are some holes. I was in an accident years ago while I was turning and the woman who hit me was speeding, changed lanes through an intersection, ran late yellow-red, was driving with a suspended license and it wasn't even her car. They deemed me at fault because I made an improper turn.

99% sure he's not at fault though.

[slam525i]

As long as they're turning and you weren't, it's their fault.

Fault determination rules:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

(5) If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
Diagram
http://www.e-laws.gov.on.ca/html/regs/english/images/elaws_regs_900668_e-19.gif
R.R.O. 1990, Reg. 668, s. 12 (5)

[garboui]

As long as they're turning and you weren't, it's their fault.

Fault determination rules:
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900668_e.htm

(5) If automobile “B” turns left into the path of automobile “A”, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.
Diagram
http://www.e-laws.gov.on.ca/html/regs/english/images/elaws_regs_900668_e-19.gif
R.R.O. 1990, Reg. 668, s. 12 (5)


thanks for all the advice guys, i now know the direction i am taking with this.

to answer a few of teh questions above:
a) did you call the cops?
no, we did not call the cops. the cops unless there are serious injuries (needs an ambulance) or needs clean-up or blocks an intersection or road. a couple yearsd ago i was in a much worse accident (15k in damages; car inoperable) their only help was telling us where the reporting center was.

b) were you speeding?
speeding was not an issue, i was doing 50-55 ish in a 50 zone (there are usually speed traps on this road. still hard to proove esp since air-bags did not go off meaning that the data in the cars srs computer is already un-pinpointable.

c)did you blow through a red light?
not even amber by the time i got my car out of the intersection. (two witnesses to)

[-cj-]

I'm not an expert, but your insurance shouldn't go up. He was at fault because you had the right away. Your passenger can't be used as a witness TMK, but the random person outside the vehicle can be... You should go through insurance and just tell them what happened.

From my understanding, anytime someone makes a left turn they don't have the right of way and need to yield to oncoming traffic.

[marchz24]

Sounds like it not your fault. Even if you were speeding it would not be your fault. The other person is at fault for an improper left turn. I would contact that person asap to find out what they want to do. Just be careful they don't screw you over. You insurance might ask you why you didn't report it as well.

[garboui]

i was originally going to report it and go through insurance right away. after talking to someone at the the reporting center filing a claim later is fine

[FoXy]

NOOOOO Peanutttt!!! Thats so saddd. :( Wait till I tell Andrew lol

[condor888000]

]
to answer a few of teh questions above:
a) did you call the cops?
no, we did not call the cops. the cops unless there are serious injuries (needs an ambulance) or needs clean-up or blocks an intersection or road. a couple yearsd ago i was in a much worse accident (15k in damages; car inoperable) their only help was telling us where the reporting center was.


K, go report it. A police report can't hurt in this situation.

[garboui]

NOOOOO Peanutttt!!! Thats so saddd. :( Wait till I tell Andrew lol

not as sad as this but still $2k on one estimate so far

http://i194.photobucket.com/albums/z141/garboui/maz.jpg

[Noisy Crow]

You probably do need to take it to the accident reporting center though........

[laksman91]

my guess is thats alot more than 2k man.

[garboui]

my guess is thats alot more than 2k man.

that was a previous damage i have had, below is todays damage


my damage

http://i194.photobucket.com/albums/z141/garboui/oct09accident/mydamage.jpg



his damage

http://i194.photobucket.com/albums/z141/garboui/oct09accident/hisdamage.jpg

[condor888000]

Thats not too bad, but you posted the same pic.

EDIT: There ya go.

[alhope34]

I was found not at fault and my insurance company waived my deductable and told me my premiums will not be affected by the collision. This JUST happened to me Saturday. I believe though, that you MUST report any accident within 48 hours or you may be hit with a fine.

[hatthi]

My wife was involved in a situation like this. She had a guy turn in front of her. We reported it to police. He was at fault for an improper turn in front of her. My wifes insurance wasn't touched at all.

[garboui]

Thats not too bad, but you posted the same pic.

EDIT: There ya go.

to my defense, damage is mutual.

[MajesticBlueNTO]

* go to the collision reporting centre, file an accident report exactly as you described

* file a claim with your insurance, give them your witness's info, your passenger is not an independent witness

* the other driver is 100% at fault, your insurance premiums won't go up

as long as you have the accident report number, you don't have to file the claim right away...and, hopefully you got the other person's insurance and license info.