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Was I at fault? please help!
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PostPosted: Mon Jun 13, 2016 1:22 pm 
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Joined: Mon Jun 13, 2016 12:55 pm
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I was driving in a heavy traffic to Toronto. I wanted to change to left lane. I turned on my left-signal, did blind spot check.
I thought that was safe and enough for me to change lane. I accelerated and finished changing the lane, all of my car was in the new lane I just changed.
Then I intended to change to another lane, at the same time, there was another car hit my car in the middle of my rear bumper.
He called the police, but police didn't come.
After the collision, most of my car was in the lane I just changed, and a bit of car head was in another lane I wanted to change. His car was all in the lane I just changed.
So, my question is, who was at fault in this accident?
Was this a unsafe lane change?
Thank you!


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Re: Was I at fault? please help!
PostPosted: Mon Jun 13, 2016 2:46 pm 
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Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1706
Police and insurance detemination of fault are two completely seperate things.

Insurance will almost always put the blame on the person that rear ended the other person.

Police do not care about insurance determination, so they could charge either you or the other driver (or both) if they think either of you deserves a charge.

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+++ This is not legal advice, only my opinion +++


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Re: Was I at fault? please help!
PostPosted: Mon Jun 13, 2016 11:55 pm 
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jsherk wrote:
Police and insurance detemination of fault are two completely seperate things.

Insurance will almost always put the blame on the person that rear ended the other person.

Police do not care about insurance determination, so they could charge either you or the other driver (or both) if they think either of you deserves a charge.


Thank you for reply. Here's another question for this, if insurance determination is different from the police, then what will show on my insurance?
Like the insurance says that was another driver's fault, but police charge me, then will my insurance will increase and will I have a record of ticket or something like that?

Thanks again.


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Re: Was I at fault? please help!
PostPosted: Tue Jun 14, 2016 7:15 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2098
Location: Ontario
You can review insurance fault determination rules here: https://www.ontario.ca/laws/regulation/900668

If you're determined to be partially or fully at fault, it will likely impact your rates. How much will depend on your policy and provider.


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Re: Was I at fault? please help!
PostPosted: Tue Jun 14, 2016 8:21 am 
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Joined: Thu Jul 26, 2012 1:18 pm
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If insurance determines you to be at fault then it will probably affect your rates.
If you are convicted of a charge from police then it will probably affect your rates.

So if either one of the above happens, then it will probably affect your rates.
If both happen then it will probably be a double whammy on your rates.

The only way it would definitely not affect your rates is if insurance determines you are NOT at fault AND you are NOT convicted of any charges by police.

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+++ This is not legal advice, only my opinion +++


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Re: Was I at fault? please help!
PostPosted: Tue Jun 14, 2016 5:30 pm 
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Joined: Mon Jun 13, 2016 12:55 pm
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Stanton wrote:
You can review insurance fault determination rules here: https://www.ontario.ca/laws/regulation/900668

If you're determined to be partially or fully at fault, it will likely impact your rates. How much will depend on your policy and provider.


Yeah, I did review these rules, it seemed like I was not at fault and was another driver 100 percent at fault. But I contacted to my insurance adviser, they said it was probably me partially or fully at fault. And they told me that the pictures I took afterwards were irrelevant for the adjusters and police. This made me so confused, if the pics were irrelevant, then how the adjuster and police can make determination if either of me or another driver didn't have a dashcam?

Thanks!


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