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Whos fault is it?
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PostPosted: Fri Mar 23, 2012 5:23 am 
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So i lent my car to my gf the other day and she went to drop her friend at a Go station but when she was turning left into the parking lot at the Go station a bus hits her from behind while she was turning so now my rear fender is pushed in and more scrathes and my bumper is damaged...but the cop that showed up just kept telling my gf thats its her fault cause its private property...is that true what he said? now im stuck at do i want to make a claim or just fix it myself? I dont want to make a claim and they split it 50/50 and my premium goes thru the roof...please any advice would be appreciated


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:01 am 
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Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
Police typically can't lay Highway Traffic Act charges for accidents that happened on private property. Regardless, insurance fault rules still apply. Typically the driver who struck the other vehicle from behind is 100% at fault.

Here's a link to fault determination rules on the Insurance Bureau website: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 4:09 pm 
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Joined: Wed Aug 10, 2011 3:05 pm
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Stanton wrote:
Police typically can't lay Highway Traffic Act charges for accidents that happened on private property. Regardless, insurance fault rules still apply. Typically the driver who struck the other vehicle from behind is 100% at fault.

Here's a link to fault determination rules on the Insurance Bureau website: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf



How about Fail to Report.... :wink:


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 4:39 pm 
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thanks for the reply staton...from the link you sent me the scenario seem to match part 6.(3) middle picture from the story my gf has explain to me...and she has just mention that she got a lady to be witness of the accident soo hopefully that is in my favor when i make a claim


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:00 pm 
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Joined: Sun May 29, 2011 9:35 pm
Posts: 50
Unfortunately the number of claims and frequency can impact your insurance, regardless of who's at fault. You may want to check with your insurance to see what impact this incident may have. GL


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:19 pm 
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how would i go about on doing that? cause last time when a lady hit me when i was parked i called my insurance and they told me i had to talk to the claims department??


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:31 pm 
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Joined: Sun May 29, 2011 9:35 pm
Posts: 50
You can call and put a "general" inquiry, without giving your name, on what that insurance company's policy is regarding the type of situation yours is. i.e. a hypothetical question to them. They should be open about their policies but not all are. Good luck.


Last edited by G35Dalf on Fri Mar 23, 2012 10:33 pm, edited 1 time in total.

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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:32 pm 
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can i call any insurance company and do that or would i call my own and get a general inquiry


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:35 pm 
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Joined: Sun May 29, 2011 9:35 pm
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Every insurance company's internal policies are different. They have different rates and tolerances for accidents, claims, frequency, driving history, etc. Some are "tougher" than others. So you should consult your specific insurance company.


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:36 pm 
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Joined: Sun May 29, 2011 9:35 pm
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btw, if this is your first claim with them and no HTA offences actively on file, you may have only a minor premium increase or none at all. Depends on the company.

For example, my insurance (no names as I'm not trying to promote any company) offers a "no premium increase on the first at-fault claim"


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:50 pm 
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well i just switch over to this insurance company few months back and i have 1 claim but i was not at fault in that accident as the lady hit me while i was parked...


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 10:56 pm 
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Joined: Sun May 29, 2011 9:35 pm
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Keep in mind that when you switched companies, you were required to give your driving history prior to joining them. They may take that history into account as well.

Not trying to scare you or say you have a serious problem, but you did express concern about your premium increasing and I'm just trying to think this through. Hope it helps.


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Re: Whos fault is it?
PostPosted: Fri Mar 23, 2012 11:04 pm 
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Joined: Fri Mar 23, 2012 5:07 am
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yeaaa i switch cause i lent my dad my car last yr and someone ran a red and hit him and the insurance company split it 50/50 and when i had to renew my premium jumps up to 8k/year from 2k/year...so im just worried if i get another 50/50 here my premium will for sure jump


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