Fault determination - T bone

Moderators: admin, hwybear, Radar Identified, Reflections, Decatur, bend

User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Fault determination - T bone

Unread post by bobajob on

Just a quick question,
I just had an accident and trying to see what determination would be on insurance.
(I spoke to insurance and they can't give me a determination till tomorrow as the assessor had finished for the day)

(now bear in mind, It was very quick and my recollections are a bit fuzzy)

Scenario is I was driving on a road and at an intersection had a hard green and was going straight. Without warning a car turning left
didn't appear to stop and took the turn, right in my path, there couldn't have been more than a car length. I hit my brake, beeped my horn
and a T-Bone ensued.

There air bags went off, mine didn't, but I was so shaky, couldn't move, luckily, there was an LEO just down the road.
EMR turned up, fire, para's and LEO and I was taken to hospital.

At scene and even at the hospital, I wasn't given a ticket, don't know about the other driver.
But she was walking about and came up to me and asked if I was OK.

So I guess any tickets would have been given at scene.
As I was not given any ticket, I guess I'm not at fault.

But all things equal, could insurance go 50-50 or is it a confirmed not-fault for me ?

I understand it's just an opinion but would appreciate it

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


bend
Moderator
Moderator
Posts: 1155
Joined:

Posting Awards

Moderator

Unread post by bend on

Turn was not in safety. You had the right of way. There's no reason for the fault to be split. Unless there's more to this story, it's pretty clear cut.


ShrekTek
Jr. Member
Jr. Member
Posts: 72
Joined:

Unread post by ShrekTek on

If you had a green light then 100% fault is with the other vehicle.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.

ShrekTek


Zatota
Sr. Member
Sr. Member
Posts: 271
Joined:
Location: Thornhill

Posting Awards

Unread post by Zatota on

I had a similar situation ten years ago, except the light was yellow and I was too close to the intersection to stop safely. The other driver is 100% at fault, no question.


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

Hey guy's,

=====update========


AFAIK I didn't bang my head but I guess, the 1st hour or so, so from accident to taking me to the ER room wasn't good.
But once in the ER, things started to clear up, and the last hour I guess, I was talking and understanding fine, so pretty much back to normal.
I do remember the accident and things, as I said I was very shaky and a bit foggy.

I woke up this AM in pain all over, like I've played a hard game of tennis and pain has started in my neck, just dull

The accessor confirmed this AM it's pretty much open and shut, so no fault, they still need to confirm with the 3rd party insurance and a police report to come.
But on my given info where good to go. Wife is getting a Rental and there not charging us, so that means the claim is on our side

I think I'm gonna contact a accident claims company and see what they can do for me.
My own GP is away and seeing some physio on Monday and my Chiro as well.

Txs for the great replies and comments. Good to be part of a caring community !

I know I can rely on you guys for top-notch info.

BTW, The LEO who attended me while I was sat fogged up in the car, was EXCELLENT
All the EMR's where fantastic too, we have a great bunch of dedicated guy's out there (on the whole)
there are a few who do spoil it, but ALL my interactions with LEO's have been good
EVEN when I had a bit of a "crisis situation", shall we say.

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


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

hey guy's another question

1> I was told that if the other party is charged, that there is a yellow charge sheet given one or both drivers, I only recieved a "motor vehicle collision info exc. card"
I've been told this means that the other party was not charged, due to no witness's or conflicting stories, this could have a bearing on the insuramce especially if the other
pary challenges

2> I'm going to request a police report on Monday, will this give good information

3> Fault determination, by insurance depends on witness ? and story, if the other party, challenges

A friend who told me only today, had same issue, but his went south very quickly, as they where trying to say 50-50

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


bend
Moderator
Moderator
Posts: 1155
Joined:

Posting Awards

Moderator

Unread post by bend on

bobajob wrote:1> I was told that if the other party is charged, that there is a yellow charge sheet given one or both drivers, I only recieved a "motor vehicle collision info exc. card"
I've been told this means that the other party was not charged, due to no witness's or conflicting stories, this could have a bearing on the insuramce especially if the other
pary challenges
Unless you are needed as a witness, whether or not the other driver was charged or not charged would not concern you in the slightest. The insurance providers do not run their assessments off of who was charged, who wasn't charged, who had charges disappear, etc. Whether or not someone is charged doesn't affect whether or not they are responsible financially for an accident.
bobajob wrote:3> Fault determination, by insurance depends on witness ? and story, if the other party, challenges
Fault determination is largely based on what is in front of their eyes. It doesn't take much to come to the conclusion that one vehicle turned in front of the other. Since the onus is on the other driver to only turn when it is safe to do so, it's almost impossible to someone weasel out of fault.
bobajob wrote:A friend who told me only today, had same issue, but his went south very quickly, as they where trying to say 50-50
Not all accidents are the same. Under different circumstances, it may be difficult to say who did what. It's pretty clear who did what in your situation.


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

Hey Bend,
txs for the reply,
as I'm an old hand here, I guess I should expected the response :)

I guess I'm pretty stressed out at the moment.

I just want to confirm a couple more questions

1> as wife told me and this other person, they asked if I had received a "charge sheet" a yellow form that relates to who is charged at an accident. this may be an "old" system,
but can you confirm if this is correct.
i> insurance asked me "do I know if the other driver was charged", how would I know? They usually split up the parties, so an interesting question

2> The details are 100% correct as I said, but lets just give a "hypothetical"
i> other driver says they didnt jump a red light (i.e. to them) and I had jumped a red
ii> other driver says I was speeding
iii> some other story.
iv> if there is no witness to the event (as everyone left the scene)
v> can the other driver say, I hit them ? LOLZ sounds funny, but hope you understand the jist
can they "weesel" (love the term) out of it, as I didn't pay due care and attention ?


Interestingly the LEO,didn't ask me my speed, only what happened.
the paramedics and the ER doc all asked me my speed and noted it on the hospital report?

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


QBall
Newbie
Newbie
Posts: 10
Joined:

Unread post by QBall on

bobajob wrote:
i> insurance asked me "do I know if the other driver was charged", how would I know? They usually split up the parties, so an interesting question
Then just say "I don't know"
bobajob wrote: 2> The details are 100% correct as I said, but lets just give a "hypothetical"
i> other driver says they didnt jump a red light (i.e. to them) and I had jumped a red
Unless there's independent witnesses or video evidence then it would be 50/50 or a judge would have to decide.
bobajob wrote: ii> other driver says I was speeding
Irrelevant, you have to right of way.
bobajob wrote:iii> some other story.
I guess that would depend on the story. If the other driver claims you were a Sith lord and that he rammed you in order to restore balance to the Force, well I guess we know where his level of credibility is.
bobajob wrote: iv> if there is no witness to the event (as everyone left the scene)
Where the damage occurred can help determine how the accident happened to a degree (i.e. it would show he turned in front of you) but it couldn't show some other details (i.e. the colour of the light)
bobajob wrote:v> can the other driver say, I hit them ? LOLZ sounds funny, but hope you understand the jist
can they "weesel" (love the term) out of it, as I didn't pay due care and attention ?
That would be a poor excuse, as saying he didn't have due care and attention would be grounds for being charged with Careless Driving. You had the right of way, he did not. Besides saying you were crossing on a red light there is not much else the other drive can do to weasel out of it.


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

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


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

****UPDATE***
I got a result yesterday.
Insurance company had a reply from the other party they are not contesting my version of events.
I.e. I'm "NOT" at fault. so that's a big sigh of relief.
Value for wife's car was actually reasonable. MY insurance company in the past has always been good in that respect,
Her car was rusted and actually would not have passed a safety inspection, so not even saleable LOL. trashed with a lot of dings and dents etc, she got something like 200-300 under book value.
Which to be honest, even cars on Autotrader good cond. was getting just about book
And the motto is "Friends don't let friends drive without a dashcam" ;)
laters

I requested a accident report prior to result, when I get it, I'll advise of any findings
txs
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

Hi guy's
I got a copy of the police report, the other driver got charged with HTA 145-1 (blocking an intersection)
I would have thought the driver would have been charged with careless or similar as well, because she caused the accident
although there was no witness who stayed ?

doesn't look like 145-1 is a serious charge,

maybe dashcam footage of her turning left would have been better

but hey

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


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

also on the report it has the 2 road speeds, it has her as doing (approx) 20 which I find it hard to believe, mine shows 10 over the speed limit as an approx, I didnt quote a speed when asked as I thought I was doing the speed limit, so not sure how LEO put down +10 over the rated speed, maybe the state of the cars, should I worry about this ?

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


argyll
VIP
VIP
Posts: 888
Joined:

Posting Awards

Unread post by argyll on

No. It's all over and done with.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


User avatar
bobajob
Sr. Member
Sr. Member
Posts: 507
Joined:

Unread post by bobajob on

txs man !
argyll wrote:No. It's all over and done with.




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


Post Reply

Return to “General Talk”