Hit by other vehicle while turning permitted left turn

bazzijee
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Hit by other vehicle while turning permitted left turn

Unread post by bazzijee on

I was hit by a van on my driver side. I was on Tecumseh Road east, Windsor, Ontario and about to turn left (on permitted left line), all of sudden van behind me tried to overtake and turn left. The van hit first driver side rear door of my van and then hit driver door of my van and dragged me about 15 feet away. after this traffic was blocked and we both moved our vans in the nearby parking lot to clear the back-up traffic. When the cops arrived, the other driver told the cops that I was making U turn and thats why he hit me. I told the officer that this is not true and I was turning left in the parking lot, when the other driver's van hit me.
The cops gave us both the case numbers and advices to go collision reporting centre to record our statements. Cops said that now our insurance will decide that whose at fault.
The damaged on my van (both left side doors total damaged)clearly shows that he hit me from side and dragged. the damage on his van is front right head light broken and front right side broken bumper.

Any idea, what the insurance can do? We both have no witness. I was with my son in my van and the other driver was driving alone.


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Radar Identified
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Unread post by Radar Identified on

Were you charged with anything?

If not, if you were turning left and the other driver attempted to pass you and nailed your car at an intersection, then he is 75% at fault for the collision and you are 25% at fault. This is under the Fault Determination Rules of Ontario, section 18 (5). If you were attempting to turn left into a private driveway or parking lot, then you are both 50% at fault. Here is the PDF link:

http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf
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Unread post by bazzijee on

Non of us were charged. it was city owned property. (medical building)


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Unread post by Radar Identified on

So did this collision happen in a parking lot or did it happen ON Tecumseh? Big difference between the two.
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bazzijee
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Unread post by bazzijee on

It happened on Tecumseh road


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Unread post by Radar Identified on

If you were turning into the medical building, the Fault Determination is 50-50.
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Unread post by bazzijee on

Can this effect my insurance policy? this could be my first 50/50 fault accident.
I had accident three years ago and I was rear ended by other vehicle. that time other driver was charged with careless driving and it was his 100% fault.

my insurance is 3rd party coverage and i have no collision coverage. with 50/50 fault, do I have to repair my car by myself or insurance will pay anything.?
I am having severe pain and stiffness in my spine after the accident. Can I claim medical expenses from my auto insurance? since my auto policy is 3rd part coverage.

I am very thankful for your king help.


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Unread post by Radar Identified on

With no collision coverage, you have to repair it yourself. As for claiming medical expenses, you'll have to talk to the insurance company. Without seeing the policy and what it offers, I really can't tell you much. They should offer something, but I can't say for sure if that's the case, or what they would offer. For 3rd party coverage, unless your name is on the insurance or it is a company vehicle, the rates probably won't be affected much but you should ask the insurance company.
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Unread post by bazzijee on

Thanks for the informative reply. The car is under my wife's name. As for insurance, my wife is the primary policy holder and I am registered as secondary driver.


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Unread post by Radar Identified on

The rates will probably go up in that case, unfortunately. It sucks, given the move by the other motorist, however that's what the rules are. (I don't make the rules, I just shake my head at some of them.)
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Unread post by bazzijee on

One more thing, if my wife claim medical benefits from her own auto insurance, does this will effect her policy or premium increase on the next renewal?
She got severe injuries.


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Unread post by Radar Identified on

Probably, but I don't know for sure.
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bazzijee
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Unread post by bazzijee on

Radar Identified wrote:If you were turning into the medical building, the Fault Determination is 50-50.
Hi
I got letter from my insurance about the 100% at fault accident. Also received copy of police report which shows that my wife was making U turn, which is not true. Police report is not true because my wife told the officers that she was turning left. She was not charged or ticketed.
What can we do now? Should we go to police and complain against the officers who came after the accident?
My policy renewal is after two months and I am afraid my insurance premium will jump high!!!!


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Unread post by hwybear on

bazzijee wrote:Also received copy of police report which shows that my wife was making U turn, which is not true. Police report is not true because my wife told the officers that she was turning left. She was not charged or ticketed.
What can we do now? Should we go to police and complain against the officers who came after the accident?
you put in your 1st post the other driver said that the vehicle was making a uturn and your vehicle turning left - contradiction of each other perception of what happened

so officer probably didnt know which driver to believe, so doesnt issue a charge to either driver and then just lets the insurance company try to figure out who is at fault by the all the information provided by both drivers




Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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