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accident in car - some assitance pls
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PostPosted: Sun Jun 14, 2015 12:18 pm 
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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

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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 12:28 pm 
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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.

Click here for Fault Determination Rules

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...

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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 12:48 pm 
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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.
Click here for Fault Determination Rules
Check rules 6, 8 and 10 - one of them should apply to your situation.

_________________
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 1:00 pm 
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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.


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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 1:43 pm 
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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.

_________________
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 3:25 pm 
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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

_________________
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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Re: accident in car - some assitance pls
PostPosted: Sun Jun 14, 2015 4:58 pm 
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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.

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.

[quote="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


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Re: accident in car - some assitance pls
PostPosted: Thu Jun 18, 2015 10:56 am 
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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

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* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


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