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Ontario Highway Traffic Act

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Considered at fault?
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PostPosted: Wed May 14, 2014 4:27 pm 
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Joined: Wed May 14, 2014 4:21 pm
Posts: 1
I was driving down the road when someone came over into my lane and hit my drivers side front end with their right side back end. The officer told me it was no ones fault but now I am left with a broken car and no collision to fix it. I don't believe I was at fault as he came into my lane (im not sure if there was a signal) but I did not see it. I laid on my horn and by the time he noticed he had already hit me. Isnt he at fault for that?


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Re: Considered at fault?
PostPosted: Wed May 14, 2014 5:17 pm 
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Joined: Mon Nov 29, 2010 8:08 pm
Posts: 544
The other driver is 100% at-fault for the collision if he tried changing lanes. You should inform your insurance company of the accident, and describe exactly how it happened.

Police don't necessarily assign fault for collisions, they're already pre-determined through 'Fault Determination Rules' under the Insurance Act.

http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm
Quote:
Rules for Automobiles Travelling in the Same Direction in Adjacent Lane

10. (1) This section applies when automobile “A” collides with automobile “B”, and both automobiles are travelling in the same direction and in adjacent lanes. R.R.O. 1990, Reg. 668, s. 10 (1).

(4) If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

Text alternative: In the third type, automobile “B” has moved toward automobile “A” and the passenger side of “B” has struck the in driver side front of automobile “A”.
Image

Inform your insurance company right away, so you can take the necessary steps to get your vehicle fixed.


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Re: Considered at fault?
PostPosted: Thu May 15, 2014 12:01 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 969
iFly55 wrote:
Police don't necessarily assign fault for collisions, they're already pre-determined through 'Fault Determination Rules' under the Insurance Act.


Agreed. Whether or not the officer decides to lay charges on an individual doesn't determine the outcome of your insurance claim.


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Re: Considered at fault?
PostPosted: Sat May 17, 2014 11:20 pm 
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Joined: Mon Mar 04, 2013 10:59 pm
Posts: 56
Hopefully you got his Name, Address, DL#, Insurance Policy Number. He's 100% at fault!


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