Greetings.

I was going westbound on Dupont street in a slow traffic when the other guy on the right lane flew past me, shifted in my lane and sideswept me.

My damage is on passenger side fender only, he got deep scratch on his very back driver side(but not on the side only).

My damage is under a thousand dollars, but the guy declines to pay anything claims its my fault, "there is a witness i speed up to hit him". Also keeps saying i "rearended him", when i really didnt.

I did go to collision centre. Whats my best course of action about insurance? It makes no sense to claim it since damage is below my deductible, isnt it?

Can i make it worse by not reporting to insurance? I called them to say I got in accident but other party is at fault and i dont want to file claim yet. But they said unless there's no claim- there's no claim.

but not on the side only

Mistyped- should be "on the side only"

http://www.e-laws.gov.on.ca/html/regs/e ... 0668_e.htm

Based on fault determination rules the other driver is 100% at fault for side-swiping you... in your own lane. In that case you're not at fault, and wouldn't have to pay the deductible to get your car fixed.

However, if the other driver claims he has a witness and alleges that you rear-ended him. Then that really changes everything, the insurance adjusters from both companies will have to decide who's at fault; if they're unable to agree then it goes 50/50; so the degree you'd found at fault can go from 0 to 100 real quick.

Unfortunately, this is one of those situations where having a dashcam infinitely supports your cause. Especially if he files a false report of getting rear-ended and the video suggests something entirely different; he'd be in a world of hurt.

The problem with filing a claim is you have to weigh the probability that you'll be found at-fault for this collision (+25%); if you are found at-fault, then getting the car fixed for damage <$1000 isn't worth the premium increases you'll be facing for the next few years.

Is the other driver filing a claim? Is he paying to get his own car fixed?

Other driver says i rear ended him but there is no damage on his bumper. It is all on drivers side and i made picture of that.

I did have dash cam, it was off first and only day in like a year I took memory card out to quickly use somewhere else and didnt put it back.

Thanks for your input in regards to the premium.

Just to end this story- this guy made a claim, brought a witness with him, and still lost. They tried to lie i rear-ended him but neither insurance company found any rear end damage. Therefore im 0% liable, and this guy got 100%..

The question now- would that be possible to somehow talk insurance into not repairing my car and getting discount for next year instead?

Always happy to hear when someone gets what they deserve. They're not going to give you a discount. Best you can do is take a cheque for what they call the fair market cost of repair to the car not spend it.