Identifying information removed by Moderator So I had a collision earlier this week. On this highway, there were 5 lanes, I usually drive in the inside lane and when it goes from 3 to 5 stay in that lane, I wasnt speeding as I was just on a nice drive to work. all of a sudden I felt an impact from the rear (ish) passenger side and to see a car and clipped into me. Identifying information removed so exchanged details no cops called, everyone all right, I reported it to a collision centre and insurance so a couple of questions (insurance guy reckoned it was other persons fault -unofficially till the adjuster gets it) he said seomthing about "unsafe lane change", I was driving straight on at speed limit and TBH I didnt pay attention to any cars although this wasnt a merging lane, it was like 5 lanes of highway and another 2 or 3 heading off the highway. The collision cop said (in his expeereince) it usually plays out 50/50 although I've always believed that if somone hits you on the inside, its there fault, (circumstances depending) I also made a mistake on the reporting form, I initially said a different road with similar spelling because when we had stopped I thought thats what the sign intersection said, I went back to double check, saw the mistake, and I let the insurnce comp. know. do I need to let the collision center know ? they also made a damage est. of $1800 (1/4 panel and both pass. doors) how do they know that? there expereince? my car is an 02 model, not sure autotrader value but most examples go for nothing more than 2.5k will they write it off? I wanted to report (to cut a long story short) becuase wife had a bad expereice, so I wanted to get my view in first (not sure if that matters at all) does a 50/50 mean its an at fault for me? thanks alot guys
Identifying information removed by Moderator
So I had a collision earlier this week. On this highway, there were 5 lanes, I usually drive in the inside lane and when it goes from 3 to 5 stay in that lane, I wasnt speeding as I was just on a nice drive to work.
all of a sudden I felt an impact from the rear (ish) passenger side and to see a car and clipped into me.
Identifying information removed
so exchanged details no cops called, everyone all right, I reported it to a collision centre and insurance
so a couple of questions (insurance guy reckoned it was other persons fault -unofficially till the adjuster gets it) he said seomthing about "unsafe lane change", I was driving straight on at speed limit and TBH I didnt pay attention to any cars although this wasnt a merging lane, it was like 5 lanes of highway and another 2 or 3 heading off the highway.
The collision cop said (in his expeereince) it usually plays out 50/50 although I've always believed that if somone hits you on the inside, its there fault, (circumstances depending)
I also made a mistake on the reporting form, I initially said a different road with similar spelling because when we had stopped I thought thats what the sign intersection said, I went back to double check, saw the mistake, and I let the insurnce comp. know.
do I need to let the collision center know ?
they also made a damage est. of $1800 (1/4 panel and both pass. doors) how do they know that? there expereince? my car is an 02 model, not sure autotrader value but most examples go for nothing more than 2.5k
will they write it off?
I wanted to report (to cut a long story short) becuase wife had a bad expereice, so I wanted to get my view in first (not sure if that matters at all)
does a 50/50 mean its an at fault for me?
thanks alot guys
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Glad you weren't injured, from the sounds of it. So you were basically driving along and got sideswiped? If you were in your lane and the other driver either rear-ended you or sideswiped you, it is 100% the other driver's fault. Click here for Fault Determination Rules Check rules 6, 8 and 10 - one of them should apply to your situation. Yes, I'd let them know. It was a minor error, easily fixable. Hard to say. I'm leaning toward "no," but they usually figure out how much they could sell your vehicle for, based on its year model, make, mileage, etc., and they make the determination from there. If you really wanted an answer, you could get your vehicle appraised and compare that to the damage estimate. In at least one case I know of, insurance was ready to write the vehicle off, the driver protested and got an appraisal, and the insurance company reversed their decision and fixed the car. Hope this helps...
Glad you weren't injured, from the sounds of it.
bobajob wrote:
so a couple of questions (insurance guy reckoned it was other persons fault -unofficially till the adjuster gets it) he said seomthing about "unsafe lane change", I was driving straight on at speed limit and TBH I didnt pay attention to any cars although this wasnt a merging lane, it was like 5 lanes of highway and another 2 or 3 heading off the highway.
So you were basically driving along and got sideswiped? If you were in your lane and the other driver either rear-ended you or sideswiped you, it is 100% the other driver's fault.
Check rules 6, 8 and 10 - one of them should apply to your situation.
bobajob wrote:
do I need to let the collision center know ?
Yes, I'd let them know. It was a minor error, easily fixable.
bobajob wrote:
will they write it off?
Hard to say. I'm leaning toward "no," but they usually figure out how much they could sell your vehicle for, based on its year model, make, mileage, etc., and they make the determination from there. If you really wanted an answer, you could get your vehicle appraised and compare that to the damage estimate. In at least one case I know of, insurance was ready to write the vehicle off, the driver protested and got an appraisal, and the insurance company reversed their decision and fixed the car.
Hope this helps...
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
hey yes thanks I wasnt, on the info also thanks but the diagram which is directly under the wording (2) If neither automobile "A" nor automobile "B" changes lanes, and both automobiles are on or over the centre line when the incident (a "sideswipe") occurs, the driver of each automobile is 50 per cent at fault for the incident. my car was essentially car B she was A, it says from the above , 50/50? and yes I was driving normally and sideswiped, could she say I veered into here? Although the damage is all rear/middle passenger, if I had pulled into her surly I would have had front end damage, also the damage looks like its gone from middle to rear txs again
hey yes thanks I wasnt,
on the info also thanks
but the diagram which is directly under the wording
(2) If neither automobile "A" nor automobile "B" changes lanes, and both automobiles are on or over the centre line when the incident (a "sideswipe") occurs, the driver of each automobile is 50 per cent at fault for the incident.
my car was essentially car B she was A, it says from the above , 50/50?
and yes I was driving normally and sideswiped, could she say I veered into here? Although the damage is all rear/middle passenger,
if I had pulled into her surly I would have had front end damage, also the damage looks like its gone from middle to rear
txs again
Radar Identified wrote:
Glad you weren't injured, from the sounds of it.
bobajob wrote:
So you were basically driving along and got sideswiped? If you were in your lane and the other driver either rear-ended you or sideswiped you, it is 100% the other driver's fault.
Check rules 6, 8 and 10 - one of them should apply to your situation.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
If both of you were sharing the centre line and sideswiped then you're 50/50. If both of you were driving over the centre line and sideswiped it's 50/50. It will come down to the insurance adjusters reviewing the damage and both your statements. If the other driver says he was driving straight and all of the sudden a car moved into his lane. They now have two conflicting stories and may pay out 50/50. However, the adjusters have more experience and might be able to figure out who was driving straight.
If both of you were sharing the centre line and sideswiped then you're 50/50. If both of you were driving over the centre line and sideswiped it's 50/50.
It will come down to the insurance adjusters reviewing the damage and both your statements.
If the other driver says he was driving straight and all of the sudden a car moved into his lane. They now have two conflicting stories and may pay out 50/50. However, the adjusters have more experience and might be able to figure out who was driving straight.
ok txs just so as a Limey Newbie, just confirm centre line. so on the highway (in one direction) there are 3 lanes (example) inside, middle, outside (lane 1, 2 , 3) the lanes are defined by white lines, to keep you IN the lanes. so if I was in lane 3 (of a 5 lane highway) that is to say the lane closest to the slow moving lane. I was driving in my "lane" and didn't change direction the other car was in LANE 2 (my inside/passenger side) in her LANE, she side swipped me by moving from lane2 into lane3 crossing the "would you call this the centre line" into my lane. txs
ok txs
just so as a Limey Newbie, just confirm centre line.
so on the highway (in one direction) there are 3 lanes (example)
inside, middle, outside (lane 1, 2 , 3)
the lanes are defined by white lines, to keep you IN the lanes.
so if I was in lane 3 (of a 5 lane highway) that is to say the lane closest to the slow moving lane.
I was driving in my "lane" and didn't change direction the other car was in LANE 2 (my inside/passenger side) in her LANE,
she side swipped me by moving from lane2 into lane3 crossing the "would you call this the centre line" into my lane.
txs
iFly55 wrote:
If both of you were sharing the centre line and sideswiped then you're 50/50. If both of you were driving over the centre line and sideswiped it's 50/50.
It will come down to the insurance adjusters reviewing the damage and both your statements.
If the other driver says he was driving straight and all of the sudden a car moved into his lane. They now have two conflicting stories and may pay out 50/50. However, the adjusters have more experience and might be able to figure out who was driving straight.
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
ok, so I had a voicemail from the other driver, asking me if we could settle and for me to get her a quote from my mechanic so she has basically admitted responsibility. so here are my thoughts and appreciate your input. 1> I needed to cover myself in so far as reporting this (again wife had a bad experience) 2> I can get a quote from a guy I know who'll do me a cheap job (lot lower that the $1800 that police have said also I could make some on the top I reckon even If I call it a grand, I'm sure my guy wont charge more than 800) or take the money and get round to doing it "eventually" ;) 3> I "would" rather just do it that way, the car is on its way out "though" in good condition was going to trade it in I doubt I get 800 bucks for it, or I was going to donate it, so you see it's not like a top end car. 4> Although I've reported it, if I go down the private route how does the insurance see this, i.e. can I tell the insurance, look the guy wants to settle out, will I have a mark against me? in so far as a higher premium? It's still on my record but would it be a no fault? for me just notification 5> the other thing is there is still a slim chance they could go 50/50 but I believe the voicemail of her basically admitting responsibility foregoes that. 6> I dont wanna write-off my car and fraid that the insurance might do that your thoughts gentleman
ok,
so I had a voicemail from the other driver, asking me if we could settle and for me to get her a quote from my mechanic
so she has basically admitted responsibility.
so here are my thoughts and appreciate your input.
1> I needed to cover myself in so far as reporting this (again wife had a bad experience)
2> I can get a quote from a guy I know who'll do me a cheap job (lot lower that the $1800 that police have said also I could make some on the top I reckon even If I call it a grand, I'm sure my guy wont charge more than 800)
or take the money and get round to doing it "eventually"
3> I "would" rather just do it that way, the car is on its way out "though" in good condition was going to trade it in I doubt I get 800 bucks for it, or I was going to donate it,
so you see it's not like a top end car.
4> Although I've reported it, if I go down the private route how does the insurance see this, i.e. can I tell the insurance, look the guy wants to settle out, will I have a mark against me? in so far as a higher premium?
It's still on my record but would it be a no fault? for me just notification
5> the other thing is there is still a slim chance they could go 50/50 but I believe the voicemail of her basically admitting responsibility foregoes that.
6> I dont wanna write-off my car and fraid that the insurance might do that
your thoughts gentleman
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
What they mean by "centre line" isn't the middle lane, it's oncoming traffic. You were both proceeding in the same direction in adjacent lanes. She's 100% at fault, but since she's offered to pay for it, that works for you. Here are the responses to your 6 questions above: 1. Good call. Always report. That's okay, just make sure you get two other estimates to show her that this is her best bet. Have her pay the mechanic directly. That's fine. You can always tell your insurance adjuster you are having her pay for it and to not process the claim. [quote="bobajob"[Although I've reported it, if I go down the private route how does the insurance see this, i.e. can I tell the insurance, look the guy wants to settle out, will I have a mark against me? in so far as a higher premium? It's still on my record but would it be a no fault? for me just notification[/quote] There's still a collision on your record, but that would be the case because of the police report. As I mentioned above, you can tell them to not process the claim and the other driver has agreed to settle privately. Nothing says you have to go through insurance. The fault determination rule that applies is "vehicles travelling in the same direction in adjacent lanes." She changed lanes in to you. You're 0% at fault, based on your description of events. I think her insurance company told her the same so she's trying to avoid the rate increases that come with it. Sounds like everything will work out for you in this case. Her offering to pay to repair it negates that possibility.
bobajob wrote:
I was driving in my "lane" and didn't change direction the other car was in LANE 2 (my inside/passenger side) in her LANE,
she side swipped me by moving from lane2 into lane3 crossing the "would you call this the centre line" into my lane.
What they mean by "centre line" isn't the middle lane, it's oncoming traffic. You were both proceeding in the same direction in adjacent lanes. She's 100% at fault, but since she's offered to pay for it, that works for you. Here are the responses to your 6 questions above:
bobajob wrote:
1> I needed to cover myself in so far as reporting this (again wife had a bad experience)
1. Good call. Always report.
bobajob wrote:
2> I can get a quote from a guy I know who'll do me a cheap job (lot lower that the $1800 that police have said also I could make some on the top I reckon even If I call it a grand, I'm sure my guy wont charge more than 800)
or take the money and get round to doing it "eventually"
That's okay, just make sure you get two other estimates to show her that this is her best bet. Have her pay the mechanic directly.
bobajob wrote:
3> I "would" rather just do it that way, the car is on its way out "though" in good condition was going to trade it in I doubt I get 800 bucks for it, or I was going to donate it,
so you see it's not like a top end car.
That's fine. You can always tell your insurance adjuster you are having her pay for it and to not process the claim.
[quote="bobajob"[Although I've reported it, if I go down the private route how does the insurance see this, i.e. can I tell the insurance, look the guy wants to settle out, will I have a mark against me? in so far as a higher premium?
It's still on my record but would it be a no fault? for me just notification[/quote]
There's still a collision on your record, but that would be the case because of the police report. As I mentioned above, you can tell them to not process the claim and the other driver has agreed to settle privately. Nothing says you have to go through insurance.
bobajob wrote:
5> the other thing is there is still a slim chance they could go 50/50 but I believe the voicemail of her basically admitting responsibility foregoes that.
The fault determination rule that applies is "vehicles travelling in the same direction in adjacent lanes." She changed lanes in to you. You're 0% at fault, based on your description of events. I think her insurance company told her the same so she's trying to avoid the rate increases that come with it. Sounds like everything will work out for you in this case.
bobajob wrote:
I dont wanna write-off my car and fraid that the insurance might do that
Her offering to pay to repair it negates that possibility.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
hey guy's, ok it looks all good so far, So I let my insurance company know she offered to pay for my damages, I wanted that on record (I've got the VM) The insurance adjustor rang me and confirmed that I was not at fault. so they will be going after the other driver for my damages. They'll get my car in for repair, a rental with insurance for it paid for. I had the evaluator ? come round to take photo's, he said he'd make a report and email me. He said as the car won't be branded, (as there was no structural damages) he said he couldnt confirm anything verbally. However, if it's repairable, they'll do it if not, it will write off, BUT they'll give me a settlement figure, so I can get the work done myself and still keep the car which is what I was worried about being carless. SO...... it's all good. NOW I'm off to buy a dashcam, things could have gone either way. At least with some video you've got proof. THANKS to all who responded, especially RI for the PM's. Your a great bunch of lads and I'm glad I got a place to come and get some of your wisdom and advise Peace
hey guy's,
ok it looks all good so far,
So I let my insurance company know she offered to pay for my damages, I wanted that on record (I've got the VM)
The insurance adjustor rang me and confirmed that I was not at fault. so they will be going after the other driver for my damages.
They'll get my car in for repair, a rental with insurance for it paid for.
I had the evaluator ? come round to take photo's, he said he'd make a report and email me.
He said as the car won't be branded, (as there was no structural damages) he said he couldnt confirm anything verbally.
However, if it's repairable, they'll do it if not, it will write off, BUT they'll give me a settlement figure, so I can get the work done myself and still keep the car
which is what I was worried about being carless.
SO...... it's all good.
NOW I'm off to buy a dashcam, things could have gone either way. At least with some video you've got proof.
THANKS to all who responded, especially RI for the PM's.
Your a great bunch of lads and I'm glad I got a place to come and get some of your wisdom and advise
Peace
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail
Hi so I have a bizzare situation. Today I received a summons for "being the owner of a motor vehicle bearing Vehicle Identification Number ###, failed to submit the vehicle, equipment or drawn vehicle for inspection or tests as required by an officer" for a vehicle I previously owned. Apparently a violation of HTA 82(9).
The date of offense is June 15, the summons was issued on October 26th and I…
Hi, I need some help for the ticket of lmproper left turn.
When i drove my car from east to west, intending to make a left turn and stop in front of stop line. There was a car in front of me, which has turn on yellow light. The light was turning red and then I thought I cannot leave in the intersection and turned, an incoming car was runing the light and hit me. No one got hurt but both cars had…
Have a ticket in which the radar used was a Genesis VP Directional. I had downloaded the manual for a Genesis VP but I now realize that the unit is not the same so it is the wrong manual. My trial is very soon so I do not have time to ask for disclosure of the manual.
Does anyone have access to an electronic version of the manual for Genesis VP Directional?
I was pulled over today in the city of Oakville for going 75 in a 40 zone. However, I am 100 percent certain that I was going only 50 in the 40 zone. When I was pulled over, I was driving my Dad's car which I felt was the reason I was getting stopped since two teenagers driving a 2013 S Class. He asked does I know why I am being pulled over and I…
I really need help on fighting my 9 tickets i received from one police officer. Here is some background of what happened!
I was caught speeding 66km on a 40km (school zone) on January 29, 2010. I was driving my friend's car and turns out she didnt renew the validation on the vehicle and didnt leave the up to date insurance paper on the car.
Hey question that I think here's probably the best place to get the answer:
I was charged with a careless driving offence in oct, trail in early april, so as of right now my insurance record is 100% clean... except the officer did file an accident report at the scene where I was classified at fault due to it being PI (although very minor). The person I hit did not sue etc, so the insurance company…
Very much unintentionally passed a stopped bus, with sign and flashing lights. Didn't realize I had done it until I was at the end of the bus. I'll save you my sob story, but it was truly accidental. I'm generally very cautious and have a perfect driving record. Never been stopped.
While I realize if a cop had seen me that I would have gotten a ticket, there were none in sight. Though I may very…
I was recently pulled over for running a red and I wasnt able to find my wallet in the car at the time to hand over my license. I had a passport in the vehicle that he used. The wallet was in the vehicle, it just fell through the seats. (Tough to find a black leather wallet in a black/black leather truck at night).
The officer still wrote the tickets for both he signed the one ticket (failure to…
I was passing a vehicle that was going slow for me and there was an oncoming vehicle coming at me. I speed up to get around the person I was passing and the oncoming vehicle turns out to be a cop who turns around and tickets me for going 110km in a 80km zone. How does it work with passing a vehicle? Once I passed the vehicle I went back down to my original speed of just under 100. The officer…
I picked up a brand new (old stock) Fuzzbuster a while ago at auction (wopping $5!!) and I want to mount it on the dash of my old GTO as a cool accessory when I show it at car shows. But I'm not sure if it's legal or not.
Here's my thoughts:
- It is early 70's technology (x-band) so it won't detect modern police radar. That's assuming no police force uses the old x-band frequency.
Hi guys, I'm still a little in shock of getting my first traffic ticket...
On Monday afternoon, I was returning from Toronto to Ottawa on HW416, I was driving about 15 over 100 like always. Then a car came very close to me on the left lane and made me nervous, I speed up unintentionally to pass the car and change lane, but while doing that a police car pull out of the median. He was hiding in…
May i ask this question regarding transport trucks limited to 105 km/h. Moving road blocks or safety?
IMO it isnt speed that kills. I find transport trucks infact help keep the road going. With cars that choose to not move to the right and slow down the middle lane the trucks would try to pass in their passing lane therefore the slower traffic would move right.
Received a notice from the police that a motion is being put forward to adjourn upcoming trial date. Notice indicates that an officer has sworn an affidavit that the crucial witness cannot attend date trial is set for (we know there is a social engagement at 7:30 pm for the witness, trial time is 1:30 pm). This further delay is a big problem to my daughter's case. She is moving away to…
This is what happened. I was travelling west on a four lane city street that was very light with traffic. I was making a left hand turn into a wide driveway of a business. There was traffic lights about 100 yards past the driveway and were red for the east-west traffic. I was in the left lane with my signal on and there was no oncoming traffic due to the red light. I was slowed right down…
I was driving my families older car and got pulled over, and the police officer informed me my plate was dirty. He issued me a ticket of $110 for the 13(2) act and obstruct plate as the offense. He informed me that such a plate could be used to avoid red lights as well as 407 tolls, also that buying a new plate can help to lower the ticket if I fight the charge, and that he also took a picture…
I received a red light camera ticket. In the picture, you see an ambulance in front of me with flashing lights. I had moved to alleviate the traffic behind me for the emergency vehicles coming behind it.
Is this a possible defense, if so, does anyone know any good case law to justify this position?
what happens if they charge someone for driving at 151Km/hr in montreal and they put for trial, appear after some months and sadly lost the trial ?
In montreal its $300 fine and 5demerit points ...
I heard Ontario and Qubec share the information. So once the trial is over ( and when the file moved to ontario) will his car gets towed and licence get suspended for 7days (later to 30 days ) ? and he…
I got a notice in the mail that trial is set four weeks from today, so it's time to request disclosure. I have zero chance of getting an 11b since trial is less than two months after the offense date and the officer did not reduce the charge. I really want to try and create delays on the trial, to reduce the chance of the officer showing up on multiple occasions. Is there any known loop-holes…
This weekend my father was involved in an accident with a transit bus in Burlington, ON. After the police showed up he was charged with "Fail to obey stop sign" Sec. 136(1)(a). At this particular intersection there NO stop signs but there are traffic lights. There is construction going on there so one of the light posts is smaller.
Driving conditions were terribly wet and visibility was low.…
So my boyfriend and I recently started dating. I have a vehicle that was insured. Insurance cost too much and I found it was just as easy to walk to work due to how close it was. But I didn't want to get rid of my car just yet, plus I'm still making payments on it as well. When we moved into our appartment together, I had it towed to my parking spot out back.
I was making a left hand legal turn on a green light, a driver came through the lane I was supposed to be going into ran the red and hit me head on as I was turning into my lane. When the officer came he was telling me that I was racing and driving recklessly because apparently there was reports of street racing in the area. I was not charged on the scene for this but I'm scared i am going to be…
I got a ticket for failure to surrender insurance because I did not have my new insurance stubs with me, just a bunch of expired ones. My policy number has not changed, so I asked the officer to just run the policy number so I could prove that I was in fact insured. He said they don't have that ability, handed me the ticket and reminded me that my car could have been impounded.
So I'm in a bit of a pickle and would appreciate if someone could clarify something for me.
I'm less than a month away (test on April 6th) from getting my full G license, and got a speeding ticket recently. The ticket was for 49km/h over the posted limit of 100km/h on the 403 in Oakville/Halton region, but was reduced from the initial ~60km/h over.