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Ontario Highway Traffic Act

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Left Turn Collision Advice
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PostPosted: Fri Jan 10, 2014 10:56 pm 
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Joined: Fri Jan 10, 2014 10:28 pm
Posts: 1
I need some advice regarding a collision that happened today. Today at 6:45pm I was waiting to take a left-turn onto Maritime at the Airport intersection. I was still waiting as the light turned amber, a few cars came to a stop, one car went through an amber, but ultimately all cars came to a stop and the light turned red. As soon as the cars stopped and the light was red I started to take my turn when all of the sudden a pick-up truck travelling over 100km/h came through the right most lane. Anyways, the front of my car hit the front side of his. My car's front bumper completely came off, damage was over 1000 and a cop came to the scene.

Fortunately, I had a really nice man behind me who stayed and was my witness that the pickup ran a red light and was driving extremely fast. The cop ended up giving the other guy a ticket for running a red light, he said that the witness said the guy was speeding but the cop wasn't there so he couldn't ticket him for speeding. The cop said that even though the other guy was at more fault than I am, the insurance company will say I have little fault too. The cop said even though it was a red light, I should make sure it was safe for me to go.

My confusion is at this part, I did make sure it was safe to go. All cars had come to a stop, it was a red light, isn't my job now to take a proper safe turn? How is it my fault that the pickup that was speeding is now running a red light? He wasn't even there when the light turned red, he was speeding so fast he was there in seconds. How can I fight this and try to keep my insurance from rising as little as possible?

Sorry for the long post, this is my first time ever in such a situation.


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Re: Left Turn Collision Advice
PostPosted: Sat Jan 11, 2014 12:05 am 
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Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
By law will be deemed to not be at fault. (Even if you were somehow deemed partially at fault you could challenge it, but I wouldn't worry about it.)

http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf

15. (1) This section applies with respect to an incident that occurs at an intersection with traffic signals.
(2) If the driver of automobile “B” fails to obey a traffic signal, the driver of automobile “A” is not at
fault and the driver of automobile “B” is 100 per cent at fault for the incident.


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