Am I really at fault? Please help...

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mindy
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Am I really at fault? Please help...

by: mindy on
Mon Sep 14, 2015 3:52 pm

I just got into a first accident in 14 years of driving. I hope someone can help me out here...

I had just turned right to come out from a plaza. There were no cars around, as I had come out very slowly, and my vehicle was fully out, positioned in the middle of the very right lane. I was still moving slowly, and turned on my left signal, as the very right lane (the lane I was on) was a right turn only lane.

Another vehicle that was definitely speeding changed his lane from my left to my lane, and hit me on the left front fender (driver side), pushing my car over to further right sidewalk. The police never came to the scene, and we reported it to the collision centre.

The other driver's statement was that I came out from the plaza without looking, and he was traveling on the same right lane. But this wasn't true, as I had already fully come out from the plaza, traveling on the main road at a slower speed, turned on my left signal, trying to see if I can change my lane to the left or not. If he was really driving on the very right lane behind me, he was definitely speeding, because there were no cars nearby when I turned, and he saw me moving slowly, and he tried to pass me by changing his lane to the left, and back to the right to turn right in front of me, and obviously he didn't do a good job doing so, hitting me right on my left fender.

As soon as my adjuster heard "PLAZA" I had come out from, he told me I was going to be at 100 % fault. But I had explained to him, I was already fully out, and you can see that in my pictures from the scene. He told me he was going to check to see, but it was most likely to be at my fault because even in the pictures, he can see my car was hit very close to the plaza driveway (close but not on plaza driveway!).

I just don't understand, because I had already safely made myself on the main road. The other driver was not only speeding but also changing his lanes from right to left to right again to pass me to make his right turn in front of me, and it would still be at my fault?
Does this mean if anybody has come out from a plaza, even if that car is on the main road, you can just go hit it from any direction and it will be at their fault?? : :x :x :x


ynotp
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by: ynotp on
Tue Sep 15, 2015 12:06 pm

Ontario has fault determination rules. http://www.ontario.ca/laws/regulation/900668

(3) If the incident occurs when automobile “B” is entering a road from a private road or a driveway and automobile “A” is passing the private road or driveway and, if there are no traffic signals or signs, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

(4) If the incident occurs when automobile “B” is changing lanes, the driver of automobile “A” is not at fault and the driver of automobile “B” is 100 per cent at fault for the incident.

(3) If the location on the road of automobiles “A” and “B” when the incident (a “sideswipe”) occurs cannot be determined, the driver of each automobile is 50 per cent at fault for the incident.

If the other driver is deemed to have made an unsafe lane change then he would be 100 percent at fault. If the other drivers has damage to the rear passenger side corner and yours is front drivers side then then you can argue that he was changing lanes. If you can show that your car was pushed over that suggests he was the one changing lanes. If his damage is to the front then it will look more like he hit you as you pulled out of the plaza making you at fault. If they can't determine what happened fault is 50/50.

So basically you have to offer compelling evidence you were already on the roadway to get out of the 100 percent at fault determination. Then offer compelling evidence that the other driver made a lane change and hit you making him 100 percent at fault. If you disagree with the adjusters finding, you can appeal it if you have a strong enough case.


mindy
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by: mindy on
Wed Sep 16, 2015 12:01 am

Thank you so much for your answer.
But are the pictures not enough to prove that I was not in a process of exiting a private driveway?
My pictures show that I was on the main road when the other driver ran into my left front fender. But the adjuster said I was hit too close to the private driveway. Yes, I was close, because I came out slowly and I was moving very slowly because that lane was right turn only, and I had turned on a left signal. And we certainly had not moved the cars after the collision as they both were not drivable. His right bumper and other parts from underneath had fallen off, all over the place on the ground, and my left front fender was hit and the wheel was stuck.


bend
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by: bend on
Wed Sep 16, 2015 1:52 am

Both parties have different stories about how the accident occurred. The best your provider can do is look over whatever evidence they have, figure out which story makes the most sense, and come to the most logical conclusion based on the Fault Determination Rules. That's the way the cookie crumbles.

If you have pictures and a location, feel free to post them.


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