Accident - Hit and Run today... Your thoughts....

[philipfreire]

Today I was involved in an accident. I was driving my fathers Yukon XL south on west mall, just past bloor where the road curves a bit. As I approach the curve, I hear and feel a vehicle hit the rear passenger door and scrape all the way to the rear quarter panel.

I pull in front of her and stop. I get out and look at my car on the passenger side and see the side of my car all scratched up at the bottom all the way back. Its not that bad but will need some minor body work and new paint on the rear door and quarter panel.

I went up to the woman who was in her car, stopped but still in gear with her hands on the wheel. She looked like a 65-79 year old woman with thick glasses - I'm guessing some European background.

I asked if she was alright, she said she was. I said you hit my car and there's damages. She said thats your story. I told her fine thats fair Im not going to argue you. I asked her for ownership and insurance so we can swap and get that stuff out of the way. She said no. I dont have time for this.

I didn't know what to really say here. I told her this is an accident, you can't just leave. She didn't care and I can see she was ready to go, as her car started to slowly move so she can look at her mirror to signal out of the lane (my truck was infront of her) i jumped right infront of her and managed to take a pic of her plate with my phone... she ran off..

I got on the phone with 911 and reported her plate. They said what she did was a criminal offense. They will try to find the car.

I went off to the collision center in North York and reported the accident. They took pics and my side of the story. I then contacted my insurance and told them what happened. I filed a claim and I now have to wait.

What do you think will happen?

My insurance company told me that right now its considered a "hit and run" - so i am not at fault but I have to pay the deductible. If they find the woman and she has no insurance - its her fault and I get the car fixed with no hit on my insurance.
Now if she gives a story in her favor (which is most likely what will happen - i doubt she would admit she was at fault) it will be a 50/50.

Now really... if its a 50/50 I will be pissed. Im a fair guy, if I hit her I would admit it. Hell I pulled over and asked how she was and I showed concern. She didnt even care about me. All she cared was where she was going...

I know she will be charged by the police for failing to remain at the scene of an accident. But that doesn't do justice for me besides the fact that that's one less bad driver on the road. Now my fathers insurance will take the hit (not me, because its his car's insured that was in the accident. - this is what my insurance company told me)

I feel really bad for my father, the poor guy wasnt even on the road and he has to take this hit because of her? Atleast let me take the hit since I was driving...

What can I do if its ruled a 50/50 ?

[MistaChin]

It shouldn't be ruled 50/50. I had a hit and run some years ago and I only had to pay my deductible with no future hit to my insurance. Sorry to hear about this.

[stevenma188]

With the situation like this, I find it hard for them to find you 50/50. Seems like she should be found at fault. Were there any witnesses or anything?

[peterm15]

No matter what she still ran. Criminal offence, IMO running means guilty. Hopefully cops feel the same.

[Default User]

1st off - sorry to hear about this dude. Some ppl are just straight up asshats. I hope her license and insurance gets yanked and for the safety of everyone else, she can't drive anymore.



Technically she has 24hrs to report the accident to her insurance and collision center.

She could give a story like you swerved into her lane. and she was afraid to give you her info because it could be some sort of a scam, assault etc., like the stuff you see on the news.

That being said - it's a he said - she said situation. Fact of the matter is, she left the scene - PERIOD. Cops will charge her.

As for the insurance and who gets fault/shared-fault etc. It all depends on what the police report says. HOPEFULLY, the officer doesn't believe her "he scared me story" an says she's 100% at fault.

[Jackal]

She will be charged for hit and run. If she doesn't have insurance your insurance co. will probably ask her for the cost of repair including your deductable. That's what happened in my case. The person just decided to pay up. Mine was a hit with no insurance (she stayed).

[philipfreire]

I did everything properly and legit by the law and watch her get away with this. Is there anyway I can fight this ?

[JaYson]

you can fight HER!

[cwp_sedan]

Damn that sucks Phil. Hopefully everything works out in your favour.

Unfortunately the insurance companies don't always go by what the police charge is. Hopefully they do in this case and make her 100% at-fault, which she should be anyway.

[dave2010GT]

This happened to my gf on the 401.

It came down to the police report is what ended ruling in her favour rightly so. The damage on her car showed evidence of the car hitting her not her cutting the other driver off.

Also this woman left the scene of the crime that looks poorly pretty much an admission of guilt so don't worry you'll be fine.

[DumpInfo]

Phil, hope this mess gets cleared out cause it's a pain in the ass dealing with ignorant people.

[philipfreire]

Yeah... well whatever happens happens now. Thank you all for your comments, concerns and help.

[Thrizzl3]

shit sorry bro if this is why you called me you should have texted me. :( sorry to hear though although that woman is about to be hit with 7 demerit points for leaving the scene of an accident..yup hope her insurance kicks her off their policy.

[p-o-g-i]

Hey Phil, sorry to hear what happened. It sucks that even though nice people try to do nice things and show genuine concern, that they would get screwed like this.

But like you said, that's one less bad driver on the street.

[bluemazda3]

sucks to hear about this.... I hope they find her and get her off the road....:getout

[n00bMeiSter]

Wow, that is ridiculous. Sorry to hear Phil, that really sucks. Hopefully she doesn't get away with this.
How did she hit your car? Was she trying to change lanes or something?

[-cj-]

Wow, sorry to hear this dude!

Here's what I think:

1) She left the scene and she's going to get #%@!ed.
2) The collision center will note the impact damage and who hit who
3) You already called insurance... Your odds improve if you're the first person to report the accident
4) If she has no insurance, you'll probably have to pay deductible in the end, BUT she'll get slapped with a crazy ticket...

All in all, you did all the right things and I hope and think you'll come out on top! Good luck man.

[Jeff-TheBiz]

any witnesses? anyone around?

I got tapped in the bumper about a week ago first thing I did was took a pic of a few of the cars plates around me.. the people that might have seen her hit me.

[Rob23]

its leaving the scene of an accident, hit and run is only if you hit a person. good thing you got her plate number, when she gets caught she will get huge fines for that. good luck.

[Default User]

its leaving the scene of an accident, hit and run is only if you hit a person.

Really? Learned something new today

[Noisy Crow]

its leaving the scene of an accident, hit and run is only if you hit a person.

Untrue.

http://www.duhaime.org/LegalResources/CriminalLaw/LawArticle-122/Hit-and-Run-or-Failure-to-Stop-at-Scene-of-an-Accident.aspx

[crystal8484]

Glad you're OK bud. how's your dad feel about it being that it was his truck? :(

I have faith you'll get this sorted out properly and if you play it cool they'll side with you. keep us posted on what happens, im curious to see if she has insurance and what happens to this old lady.

[DumpInfo]

Way to mess up your weekend. I'm also curious to see whether she reported "her" side of the story. I had a similar incident happen to my wife a couple weeks back but luckily their was camera footage on the whole incident. I really hope it's considered hit and run cause I don't see why it shouldn't be considering she fled the scene even though she may have a 24 hour period to report it. It's just wrong!

[breakfasteatre]

You know, in january i was travelling on the 400, minding my own business. Car comes up from my left, turns into me, impacts me pretty good in front of my drivers side rear wheel, caving in my rear door and quarter panel. The police manoeuvre caused my back end to slide out, slid across the highway and hit the barrier twice, totalling my car.

There was a crater on my car from where the other car hit me


it was ruled 50/50, that we collided over the center line.

Cant wait until november when my rates skyrocket

[Dave_The_BMXER]

I can't believe she peaced out good work with the photo

[Bleemer]

You did everything possible, now just have to wait and see ...

Thank goodness I have accident forgiveness

[S.F.W.]

Part of fault determination by the insurance company is where the damage on the car is located. Based on where she hit your car, and the damage, she would have to be the at fault party. Also, you do not simply have to accept the insurance companies decision. You can escalate to the claims advisers team lead, then to the office of the Ombudsman for the insurance company, even all the way to the insurance ombudsman of Ontario.
I went through the entire process when my car was written off, if you need help, let me know.

[BlackIce]

You know, in january i was travelling on the 400, minding my own business. Car comes up from my left, turns into me, impacts me pretty good in front of my drivers side rear wheel, caving in my rear door and quarter panel. The police manoeuvre caused my back end to slide out, slid across the highway and hit the barrier twice, totalling my car.

There was a crater on my car from where the other car hit me


it was ruled 50/50, that we collided over the center line.

Cant wait until november when my rates skyrocket

Holy! Just yesterday driving down the 400 I saw skid marks going towards the middle barrier. In my head I was thinking' that must have been a violent crash. Are you alright man? Insurance companies can be so stupid sometimes. How could it be 50/50 on an accident like that on the highway?? Basically whats going on in their heads is that both of you decided to slam into the barrier at the same time and by accident you both hit each other because you hit the barrier. So stupid!!! People need to use common sense. What kind of car was the guy who hit you?

[n00bMeiSter]

Holy! Just yesterday driving down the 400 I saw skid marks going towards the middle barrier. In my head I was thinking' that must have been a violent crash. Are you alright man? Insurance companies can be so stupid sometimes. How could it be 50/50 on an accident like that on the highway?? Basically whats going on in their heads is that both of you decided to slam into the barrier at the same time and by accident you both hit each other because you hit the barrier. So stupid!!! People need to use common sense. What kind of car was the guy who hit you?

That accident happened in January

[-|CHECKMATE2012|-]

Phil, sorry to hear about this accident. This is what the police will go by, heres what the Criminal Code states:

Failure to stop at scene of accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

[...]

and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

[...]

Offence involving bodily harm

(1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(1.3) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable to imprisonment for life if

(a) the person knows that another person involved in the accident is dead; or

(b) the person knows that bodily harm has been caused to another person involved in the accident and is reckless as to whether the death of the other person results from that bodily harm, and the death of that other person so results.

Evidence

(2) In proceedings under subsection (1), evidence that an accused failed to stop his vehicle, vessel or, where possible, his aircraft, as the case may be, offer assistance where any person has been injured or appears to require assistance and give his name and address is, in the absence of evidence to the contrary, proof of an intent to escape civil or criminal liability.

[WLS ZMZM]

Wow that really sucks!!!! But she has made herself seem guilty by failing to stay at the scene of the accident, as for the reporting centres, she must report to the centre for the city in which the accident took place, you can't just file it anywhere. As well she does have 24 hrs.... but when she gets there to file the report and has no info on you... it will look very strange to them that you filed the same report with her license plate.... more then likely someone who has no insurance or maybe not even a license.... happens alot!! You did the right thing by handling the situation how you did!! Im sorry to hear it happened to your dad's truck but insurance will deal with it...

[n00bMeiSter]

I just can't believe she said "I don't have time for this" and took off lol
I'm flabbergasted at that lmao

[mazdabetty]

Since when do you have to pay a deductible for a not-at-fault accident???

That sucks Phil hope it works out for ya. I'm sure it will.

[philipfreire]

Today I had a bit of free time so I decided to tackle the damage myself. I noticed mostly all the damage was scuffs. I got out my Optimum Hyper Compound and Polish and got rid of 95% of the damage. All thats left is the lower rear quarter panel before the door which is physically slightly dented. (Dent removal will not fix it) I will get that small bottom quarter panel repainted once everything is figured out. I just want to preserve as much as the original paint as possible.

Before I done this I took it to 427 Auto Body Collision, and just like I suspected they wanted to paint the entire rear quarter panel and even the rear door. I told them she only hit the molding trim on the door which is plastic painted and not the door. He said well they would repaint it to make sure its all gone. The door wasnt even damaged!!!!

Now I plan on taking the car back to them and demand they fix what I only want fixed. I will show them that I removed all the scuffs myself and repainting doors and the whole quarter panel is not required.

I hate it when these body shops just want to make more money of insurance claims.

[n00bMeiSter]

Are you still going through insurance?

[breakfasteatre]

That accident happened in January

the marks are still on the barrier going south bound as you come to the king road exit.

it was determined that we turned into each other over the lane dividing line, not that we hit the barrier at the same time. The only damage he had on his mdx was on his front bumper when he initially hit me. I had cruise control set at 100 (tdi passat uber mileage) and had no reason to change lanes as i was getting off at major mac and there was no one in front of me.

[philipfreire]

Are you still going through insurance?

I might... if its 100% at her fault, Ill let the bodyshop do that work. If its 50/50 I am going to ask if I refuse repairs if it keeps my rates low, if not I will make them fix it and detail my entire truck. Might as well get something out of it if insurance will go up.

[Bleemer]

Did your insurance co / claims adjuster already gave you the go ahead to do repairs?

[n00bMeiSter]

the marks are still on the barrier going south bound as you come to the king road exit.

it was determined that we turned into each other over the lane dividing line, not that we hit the barrier at the same time. The only damage he had on his mdx was on his front bumper when he initially hit me. I had cruise control set at 100 (tdi passat uber mileage) and had no reason to change lanes as i was getting off at major mac and there was no one in front of me.

Sounded like he thought the accident had just happened heh. That's crazy tho, and messed up that they would say it's a 50/50. Our laws and insurance systems are messed up.

[peterm15]

There is a body shop at finch and 27, i replaced windows there last week and was looking at some of their work. seemed great, the guys were nice and everyone seemed happy commin in and out.
Id check them out.
I asked them about rust around my tail, they said they wouldnt paint the full trunk lid, just repair and paint the area needed, "blend it out to the size of a softball." one guy said.

[philipfreire]

Did your insurance co / claims adjuster already gave you the go ahead to do repairs?

Yes but I told them I was going to wait on the settlement of the case.