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"Collision" with a Cyclist Yesterday
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PostPosted: Tue Mar 30, 2010 8:38 am 
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I questioned whether or not it was a full moon, and it was (I saw it this morning). I got into a "collision" with a cyclist yesterday. I wasn't charged because he didn't see me, and I didn't see him until just before the moment he went into me, screamed at me "watch where you're going!", I called the police and ambulance, and I received no charges. It was clear from the marks on my drivers' side bumper that the guy hit my driver's side and not me hit him (not to mention I was well back from the stop sign just completing my stop, thank heavens because he would've been hurt). He was also coming off the sidewalks, trails a blazin', to cross the street on his bike - which is illegal. The officer I dealt with did his best to calm me down (I felt sick to my stomach, this man could've been killed had I not been slowing down and driving at about 10km to stop) and pressed no charges on anyone. It was clear that the cyclist was too far inward, about 5 feet before the stop sign (about in line with the sidewalk, which is why I wasn't charged), and he came over to me and apologized later. I accepted, only concerned that he would be okay (he waved off an ambulance and walked/rode away). But, now I'm worried he'll go to my insurance company, and it's ALWAYS the driver's fault here regardless of the fact that he went into me (the marks on my side bumper proved my point). I'll have to fight with my insurance company to have it investigated because I was not in the wrong. How could a driver be at fault when they're T-boned? I asked the officer that question and he said, as far as he and the three other officers were concerned, I was not at fault, but insurance is very different from HTA. MTO and insurance's extortion on Ontarians will make sure money is made somewhere, however. My car's wheels don't turn sideways. It's front and back. Which means, he hit ME. Meh.......Insurance rules are so messed up here.

That was so close. I am still kind of sick over it this morning. Despite the fact that I didn't do anything wrong here, I would have an extremely difficult time continuing on normally if someone was seriously hurt.


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PostPosted: Tue Mar 30, 2010 9:14 am 
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Joined: Thu Mar 18, 2010 9:39 am
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Location: The Valley
You have the officer's name? If not call their comm centre and get event#, time of dispatch and officer's info, tell them you need it for your insurance.

I think there is about a 1% chance you'll hear anything else about this.

Minor injuries, no damage to bike, the guy rode off on his power and unless you file a claim your insurance will never know. Plus the guy was at fault...not sure how this could possibly come back to haunt you...


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PostPosted: Tue Mar 30, 2010 9:29 am 
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I have all of his information on the collision report. He was excellent. Not because he was of the opinion that no charges should be made, but because he really calmed me down. The first thing I thought when I saw the bmx bike and the small stature of the man (he was really short, mentally "delayed" let's just say, dark buzz-cut hair, and a REALLY young 40 yrs old) was that I had just hit a kid. Imagine the corticosteroids that were released at that thought. I went numb with fear that a child was just hurt.

I have everything needed just in case. Insurance rules are so diametrically opposed to HTA that the pedestrian is never at fault. That's just the way it goes. Unless I was in park and my car off, I am at fault according to insurance rules because my car was in motion. nevermind the fact that this moron hit me and he was coming off the sidewalk at a decent clip, where he never should have been (and which is likely why the collision happened to begin with because, had he been on the road like he was supposed to be, I would've been about 7 feet to his right, as the stop sign was well before the main street, and I would've ultimately stopped about two feet from it at full stop).

Nobody was charged, though. So, no body at fault. However, insurance wise, I WILL BE at fault. Under no circumstances, when the car is in motion, is a pedestrian or non-motorist at fault. You will see that in the powerpoint presentation that I provide to upload to this site.


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PostPosted: Tue Mar 30, 2010 10:30 pm 
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Location: Toronto
Stupid Fault Determination Rules... not to mention equally stupid cyclist!

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PostPosted: Wed Mar 31, 2010 9:32 am 
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Joined: Mon Mar 16, 2009 6:01 pm
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Location: GTA
Tell me about it.. Another scary part is that in a "he said she said" scenario, they'll just assign 50/50 fault and both vehicle operators get raped by the insurance industry for 6 years.
I'm glad there weren't any injuries and hope that he doesn't try to milk the AB system.

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